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Bombay High Court Allows Appeal in Winding-Up Petition, Sets Aside Conditional Deposit Order for Lack of Jurisdiction. Dispute over unpaid dues under the Forward Contracts (Regulation) Act, 1952 cannot be adjudicated in winding-up proceedings under the Companies Act, 1956.

The appeal arose from an order dated 27 September 2017 passed by the learned Company Judge in Company Petition No. 192 of 2016, directing the responde...

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Bombay High Court Upholds Termination of Scientific Officer for Unauthorised Absence and Misconduct — Petitioner Failed to Justify Absence Despite Repeated Opportunities. The court held that the termination was proportionate and that the principles of natural justice were complied with.

The petitioner, Mr. Sahivanagouda H. Patil, was a Scientific Officer at Bhabha Atomic Research Centre (BARC) who had developed high-yielding groundnut...

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Bombay High Court Dismisses Section 9 Petition Seeking Stay of Cancellation of Letter of Award in Tender Dispute. Court holds that disputes arising from pre-contractual stage are not arbitrable and interim relief under Section 9 cannot be granted when no arbitration agreement exists.

The Petitioner, Provident Multi-Trading Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim reli...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Trading Dispute — No Grounds Under Section 34 of Arbitration Act Established. Court upholds award holding petitioner liable for unauthorized trades and failure to prove respondent's instructions.

The petitioner, Sytematix Shares & Stocks (India) Ltd., a stockbroker, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Allows Appointment of Arbitrator in Insurance Dispute Despite Insurer's Denial of Liability. Arbitration Clause in Comprehensive Mega Risks Insurance Policy Held to Survive Repudiation of Claim.

The applicant, Essar Steel India Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an ...