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High Court of Karnataka Considers Challenge to Forest Notification as Ultra Vires the Constitution and Forest Laws — Mining Companies Allege Notification Violates Article 246 and Entry 54 of Union List, Karnataka Forest Act, 1963 and Forest (Conservation) Act, 1980

The matter involved multiple writ petitions filed before the High Court of Karnataka by several mining corporations and mineral industries, including ...

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Bombay High Court Allows Appointment of Arbitrator in MOU Dispute Between Developer and Public Trust. Arbitration Clause in MOU dated 16 June 2011 Held Valid and Binding Despite Non-Formation of Special Purpose Entity.

The petitioner, M/s. Devike Constructions and Developers Pvt. Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, s...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Contract Dispute — Liquidated Damages and Interest Reduced. Court upholds arbitrator's finding on delay but modifies interest rate from 7% to 6% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, by Indian Oil Corporation Limited (petitioner) against a...

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Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award Due to Limitation and Abandonment. Claims raised after 12 years from contract termination held barred by limitation under Article 137 of Limitation Act, 1963 and deemed abandoned under contract terms.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court setting aside an arbitral award dated 19 July 2007 that had grante...

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Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

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High Court of Karnataka Allows Petition Under Section 11 of Arbitration and Conciliation Act, 1996 for Appointment of Arbitrator in Joint Development Agreement Dispute. Memorandum of Agreement dated 14.06.2012 Contains Valid Arbitration Clause.

The petitioners, three individuals, filed a petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole ...

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Bombay High Court Adjudicated Arbitration Petition Under Section 34 of the Arbitration and Conciliation Act, 1996 Challenging Arbitral Award in Lease Finance Dispute. The Award Held Lessee Liable for Tax Demands Arising from Disallowance of Depreciation Under Income Tax Act, 1961.

The matter pertains to an arbitration petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 before the High Court of Judicatur...