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WRIT PETITION NO. 432 OF 2024

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Bombay High Court Allows Section 11(6) Application and Appoints Sole Arbitrator in Property Sale Dispute. Arbitration clauses in MOU and Agreement for Sale held prima facie valid, and dispute referred to arbitration despite respondent's objection regarding non-signing of agreement.

The applicant, Bhupinder Singh Balwant Singh, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointm...

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Supreme Court Quashes Lok Adalat Order in Writ Petition Due to Jurisdictional Overreach Under Legal Services Authorities Act, 1987. Lok Adalat Lacks Authority to Decide Cases on Merits When No Settlement is Reached, Must Return Case to Referring Court as Per Sections 19(5) and 20(5) of the Act.

The dispute arose from an order dated 30.11.2013 passed by the High Court of Madhya Pradesh, Bench at Indore, in Writ Petition No. 8074 of 2011, where...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased motorcyclist found 50% negligent for not wearing helmet and causing accident with truck, reducing insurer's liability under Motor Vehicles Act, 1988.

This appeal arises from a motor accident claim where the deceased, Sanjay Patil, died in a collision between his motorcycle and a truck. The claimants...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Specific Performance Dispute. Court upholds arbitrator's discretion to deny specific performance and award damages instead, finding no grounds for interference under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Rolta India Ltd., challenged an arbitral award dated 8th December, 2010 under Section 34 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Dismisses ONGC's Challenge to Arbitral Award Rejecting Claim as Time-Barred. Claim for pre-project expenses under MOU held barred by limitation as expenditure incurred prior to April 2001 and claim raised after three years.

The Petitioner, Oil and Natural Gas Corporation Limited (ONGC), challenged an arbitral award dated 12 November 2009 passed by the Arbitral Tribunal co...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Allows Appeal of Retired Employee Against State's Challenge to Lok Nyayalaya Order. The Court held that the Lok Nyayalaya's order directing pensionary benefits was binding and the State could not bypass it by filing a writ petition without exhausting alternative remedies.

The appeal arises from a judgment of a Single Judge of the Bombay High Court allowing a writ petition filed by the State of Maharashtra and the Mahara...