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Bombay High Court Allows Appeal in Commercial Contract Dispute — Remands Suit for Fresh Consideration on Merits. Failure to Frame Issues and Conduct Trial Rendered Decree Unsustainable Under Order 41 Rule 23 CPC.

The present Commercial Appeal arises from a judgment and decree dated 09/08/2019 passed by the learned District Judge-1, Jalna, in Commercial Suit No....

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Bombay High Court Decides Writ Petition Challenging Bid Rejection and EMD Forfeiture in Coal Handling Tender. Petitioner challenges rejection of its bid for coal linkage materialisation by MAHAGENCO and subsequent forfeiture of EMD.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., a company engaged in coal liaisoning, movement, handling, and delivery, challenged the r...

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Bombay High Court Dismisses Petition Challenging Tender Condition Requiring Minimum Net Worth of Rs. 100 Crore for RTA Empanelment. Condition Held Not Arbitrary or Discriminatory as It Serves Legitimate Purpose of Ensuring Financial Stability and Capacity to Handle Large Volume of Shareholder Data.

The petitioner, Alankit Assignments Limited, a company providing Registrar and Share Transfer Agent (RTA) services, challenged a tender condition issu...

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Bombay High Court Dismisses Petition Challenging Fresh Tender for PMC Contract for Versova-Bandra Sea Link Project. Contract Expired by Efflux of Time and No Automatic Renewal Clause Existed, Hence MSRDC's Decision to Float Fresh Tender Upheld.

The petitioner, Louis Beger SAS, a French company with its Asia office in Haryana, was appointed as Project Management Consultant (PMC) by the respond...

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Supreme Court Upholds 10% Deposit Condition in Arbitration Clause as Valid in Commercial Contracts. Clause requiring deposit-at-call of 10% of claim amount before invoking arbitration is not arbitrary or discriminatory under Article 14.

The case arose from a tender issued in 2008 by the Punjab State Water Supply & Sewerage Board for water supply and sewerage projects. The appellant, M...

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Bombay High Court Dismisses Writ Petition Challenging Tender Award in Public Procurement Contract. Court holds that the decision of the employer to accept a bid with minor deviations is not arbitrary or mala fide and does not warrant interference under Article 226 of the Constitution of India.

The petitioner, Cyfuture India Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging the decision of respo...

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Bombay High Court Quashes Lease Agreement for Masunda Lake Without Tenders - Violation of Article 14 and Municipal Corporation Act. The court held that a 25-year lease granted by Thane Municipal Corporation without public advertisement or tender process is arbitrary and illegal.

The petitioner, Sonalaxmi Machhimar Sahakari Society Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, cha...

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Bombay High Court Dismisses Petitioner's Challenge to Technical Disqualification in Tender for Deep Water Surveys. Bid Evaluation Criteria Requiring Minimum 850 Meters Depth Experience Upheld as Reasonable and Not Arbitrary.

The petitioner, Coastal Marine Construction & Engineering Limited, filed a Writ Petition under Article 226 of the Constitution of India challenging th...

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Bombay High Court Allows Petition by Society Members Against Unauthorized Construction and Demolition by Developer. Members have locus standi to challenge illegal construction; administrator must act lawfully.

The petitioners, who are members of the Linking Road Housing Society Limited, filed a writ petition challenging the unauthorized construction and demo...