Search Results for "counter guarantee"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "counter guarantee"

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Supreme Court

Supreme Court Allows Promoter's Resolution Plan in IBC Case, Upholds CoC Approval Despite Pending Third-Party Applications. The Court held that the Resolution Professional's Letter of Intent was not conditional and that the Adjudicating Authority's approval of the plan was valid under Section 31 of the Insolvency and Bankruptcy Code, 2016.

1 Jan 2026

The present appeals arise from a Corporate Insolvency Resolution Process (CIRP) concerning M/s. Oracle Home Textiles Limited, initiated on 9th August ...

High Court

Bombay High Court Allows Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — Award Set Aside for Patent Illegality and Violation of Natural Justice. Court held that the arbitral tribunal's rejection of the counterclaim without considering evidence and without granting an opportunity to be heard amounted to a patent illegality and breach of natural justice.

4 Feb 2025

The petitioner, Marine Electricals (India) Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, to set aside an arbi...

Supreme Court

Supreme Court Allows Appeal in Sales Tax Dispute Over Time Charter Agreement — Holds That Time Charter Is a Service Contract, Not Transfer of Right to Use Goods. The Court ruled that a time charter does not involve transfer of possession or control, thus not taxable under Section 5C of Karnataka Sales Tax Act, 1957.

4 Dec 2019

The appellant, The Great Eastern Shipping Co. Ltd., owned a tug named 'Kumari Tarini' and entered into a Time Charter Agreement dated 8.1.1998 with th...

Supreme Court

Supreme Court Dismisses Appeal by Power Generator Against Termination of PPA — Holds That Failure to Secure Fuel Supply Agreement Does Not Justify Termination Where PPA Does Not Condition Power Supply on Specific Coal Source

2 Jul 2019

The case involves a dispute between M/s Adani Power (Mundra) Ltd. (appellant) and Gujarat Electricity Regulatory Commission and others (respondents), ...

High Court

Bombay High Court Dismisses Port Trust's Challenge to Arbitrator's Jurisdiction Ruling in Concession Agreement Dispute. Arbitration Clause Not Binding on Consortium Members as They Were Not Signatories to the Concession Agreement.

1 Mar 2018

The petitioner, the Board of Trustees of the Jawaharlal Nehru Port Trust, a major port constituted under the Major Port Trusts Act, 1963, issued a glo...

High Court

Bombay High Court Allows Appointment of Arbitrator in Infrastructure Dispute Over Concession Agreement — State's Objection on Limitation Rejected as Arbitrability Question for Tribunal. The court held that the issue of limitation is a matter for the arbitrator to decide under Section 11(6) of the Arbitration and Conciliation Act, 1996, and appointed a sole arbitrator to adjudicate disputes arising from a BOT project.

19 Sep 2017

The applicant, Kakade Infrastructure Pvt. Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appoin...

High Court

Bombay High Court Allows Bank's Petition for Commission on Guarantees Issued to Court — Canara Bank Entitled to 3% Commission on Guarantees in Favour of Prothonotary and Senior Master. The court held that a bank issuing guarantees at the request of a customer is entitled to commission as per its standard terms, and the Debt Recovery Appellate Tribunal erred in denying such commission.

6 May 2014

The petitioner, Canara Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, filed a wr...

High Court

Bombay High Court Allows Petition Against Forfeiture of Earnest Money in Toll Collection Tender Dispute. Variation in Contract Period from 90 Weeks to 52 Weeks Constitutes Counter-Offer, Not Acceptance, Thus Forfeiture Invalid.

1 Apr 2014

The petitioner, M/s Abhay Construction, a partnership firm, submitted a tender to the Maharashtra State Road Development Corporation Ltd. for collecti...

High Court

Bombay High Court Dismisses Application for Arrest of Judgment Debtor in Execution of Foreign Decree — Conversion Rate for Decretal Amount Must Be Determined Before Arrest. The court held that before ordering arrest under Order 21 Rule 37 CPC, the exact amount payable in Indian rupees must be ascertained when the decree is in foreign currency.

13 Aug 2013

The Bombay High Court dealt with three chamber summons arising out of execution proceedings of a foreign decree. The original suit was filed in Englan...

High Court

Bombay High Court Dismisses Builder's Suit for Specific Performance of Redevelopment Contract Against Cooperative Society. Expression of Interest Held Not a Binding Contract, No Obligation to Accept Highest Bid.

10 Jun 2013

The plaintiff, Gopi Gorwani, a builder and developer, filed a suit against Ideal Cooperative Housing Society Limited and others seeking a declaration ...

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