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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Favour of Claimant. Court Holds That Single Judge Erred in Reappreciating Evidence and Interfering with Arbitrator's Findings on Quantum and Interest.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Paramount Limited (appellant) against the judgmen...

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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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Bombay High Court Allows Writ Petition Challenging Land Acquisition for Non-Payment of Compensation Under Land Acquisition Act, 1894. Acquisition Lapses as Compensation Not Paid Within Five Years Despite Possession Taken.

The petitioners, original owners of land at Roadpali, Taluka Panvel, District Raigad, challenged the acquisition of their land by CIDCO under the Land...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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APPEAL NO.662 OF 1995

The appeal arises from a judgment and order of a learned Single Judge of the Bombay High Court dated 18 January 1996 in Arbitration Petition No.184 of...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Enforcement of Consent Award Despite Jurisdictional Challenge. The court held that a party who consents to arbitration without objecting to jurisdiction cannot later challenge the award as a nullity on territorial grounds.

The petitioner, United Spirits Limited, filed an application under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reliefs pe...

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Bombay High Court Examines Cut-off Date for Workmen Dues in Winding Up of Swadeshi Mills. Official Liquidator's Calculation Up to Appointment of Provisional Liquidator Challenged by Workmen Seeking Dues Up to Winding Up Order.

The matter concerns a company application filed by five workmen of M/s Swadeshi Mills Co. Ltd., which was wound up. The company had approximately 2970...

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Bombay High Court Dismisses Acquiring Body's Writ Petition Challenging Section 28-A Award as Not Maintainable Due to Alternative Remedy. Acquiring Body Cannot Seek Reference Under Section 28-A(3) of Land Acquisition Act, 1894, as It Is Not a 'Person Interested' and Is Barred by Section 50(2).

The Bombay High Court dealt with three writ petitions filed by the Maharashtra Krishna Valley Development Corporation Limited, the acquiring body for ...

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Karnataka High Court Dismisses Legal Representatives' Appeal in Land Acquisition Compensation Case Due to Unexplained Delay and Procedural Lapses. Legal Representatives' Failure to Seek Leave to Appeal and Filing a False Affidavit Precluded Condonation of Delay Under Section 5 of Limitation Act, 1963.

The case arose from the acquisition of land belonging to H.D. Lokeshaiah in Halanuru village, Tumakuru Taluk, for the construction of the Hemavathi Ca...