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Bombay High Court Hears Section 34 Petition Against Arbitral Award Rejecting Securities Claim on Grounds of Forum Shopping. Petitioners Contend That Regulatory Proceedings Against Clearing Member and Arbitration Against Depository Are Distinct, Allowing Simultaneous Pursuit Under Indemnity Principles.

This matter arises from a petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Judicature at Bombay...

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High Court of Karnataka Dismisses/Allows Appeals Against Interim Orders Restraining LCIA Arbitration in Convertible Debentures Dispute. Court Examines Whether Civil Suit to Restrain Arbitration is Maintainable Under Section 5 of Arbitration Act and Interprets Arbitration Clause.

The litigation arises from a dispute over a Compulsorily Convertible Debentures Subscription and Securities Holders Agreement dated 21.06.2013 between...

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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Bombay High Court Allows Workmen's Restoration Application in Unfair Labour Practice Complaint Against Bajaj Auto Limited. Industrial Court's Rejection on Merits Set Aside, Matter Remanded for Fresh Consideration.

The judgment concerns two writ petitions arising from an order dated 19.01.2011 passed by the Industrial Court, Aurangabad. The petitioners in Writ Pe...

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Bombay High Court Allows Refund of Stamp Duty on Cancelled Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act, 1958. Petitioner entitled to refund as transaction was cancelled before possession and within two years, not covered by Section 48 proviso.

The Petitioner, M/s. Satyam Construction, entered into a Development Agreement on 2 June 2011 with Shri Rajiv Ghule and others for development of land...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...