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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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Bombay High Court hears writ petition challenging blacklisting order of consultant by MCGM for alleged collusion in road works. Dispute concerns alleged denial of natural justice in blacklisting process under Article 226 of Constitution of India.

The dispute arose from a request for qualification issued by the Municipal Corporation of Greater Mumbai (MCGM) on 23 October 2013, inviting consultan...

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Bombay High Court Upholds Reinstatement of Driver with 50% Backwages in Industrial Dispute Against Hotel. Principal Employer Liability Affirmed Under Industrial Disputes Act, 1947 for Termination by Contractor.

The judgment concerns cross petitions filed by M/s. Chalet Hotels Ltd. (the employer) and Mr. Bhikan Laxman Deokar (the workman) challenging an Award ...

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High Court of Bombay Adjudicates Writ Petitions Challenging Desilting Policy Tender Conditions as Arbitrary and Unconstitutional. Petitioners Contend Conditions Violate Articles 14 and 19(1)(g) and Disregard Court's Directive in PIL No.143 of 2012.

The High Court of Bombay heard four connected writ petitions challenging certain conditions stipulated in a Government Resolution dated 03.08.2018 iss...

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Supreme Court Allows Appeals in Service Law Seniority Dispute, Overturning High Court Reliance on Per Incuriam Precedent. Seniority of Assistant Engineers Must Be Counted from Date of Regularization Under Uttar Pradesh Regularisation Rules, 1979 and 1989 Rules, Not from Initial Ad Hoc Appointments.

The Supreme Court of India, in a civil appellate jurisdiction, addressed a group of appeals concerning the seniority determination of Assistant Engine...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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High Court of Bombay Grants Interim Injunction Restraining Encashment of Bank Guarantees in Subcontractor Dispute. Fraud and Irretrievable Injustice Established as Grounds for Injunction Against Bank Guarantee Invocation Under Contract Law.

The Plaintiff, ITD Cementation India Ltd., filed a suit seeking a restraint order against Defendant No.1, Reliance Infrastructure Limited, from demand...