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Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...

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Supreme Court Upholds Right of Pre-emption in Partition Deed Covenant Binding on Successors-in-Interest. Covenant Not Expressly Binding Assignees Held Enforceable Against Subsequent Purchasers with Notice, and Rule Against Perpetuities Held Inapplicable to Personal Pre-emption Agreements.

The dispute arose out of a partition suit between two brothers, T and K, which was referred to arbitration. The arbitration award divided the joint pr...

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Bombay High Court Allows Application for Appointment of Arbitrator in Railway Contract Dispute. Arbitration Clause in Works Contract Enforced Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, a registered government contractor, was awarded a contract by the respondent, the General Manager of South Central Railway, for extensi...

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Bombay High Court Upholds Decree for Specific Performance of Contract in Property Sale Dispute. Suit for specific performance of agreement to sell house decreed as plaintiff proved readiness and willingness to perform her part of contract.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by original defendant No. 2, Venunath Sambha More, cha...

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Bombay High Court Dismisses Second Appeal, Upholds Specific Performance Decree for Oral Agreement to Sell Land. Concurrent Findings of Fact Not Interfered With as Plaintiff Proved Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

This second appeal arises from a suit for specific performance of an oral agreement to sell agricultural land. The plaintiff (now represented by legal...

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Supreme Court Allows Contractor's Appeal in ONGC Arbitration Dispute. Levy of Liquidated Damages Under Clause 2 of Contract Held Arbitrable, Not an Excepted Matter.

The Supreme Court of India heard two civil appeals arising from a judgment of the Delhi High Court Division Bench, which had set aside an arbitral awa...

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High Court of Karnataka Hears Regular First Appeals Against Decree for Specific Performance — Trial Court Decree Granting Specific Performance and Cancellation of Sale Deed Under Challenge. The Court Reserved Judgment; Outcome Not Stated in This Excerpt.

These two regular first appeals arose from the judgment and decree dated 30.06.2015 in O.S.No.594/2005 passed by the XI Addl. City Civil Judge, Bengal...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...