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ARBITRATION PETITION NO. 56 OF 2013

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Bombay High Court Quashes Orders Rejecting Condonation of Delay in Customs and Central Excise Appeals; Directs Fresh Consideration. Appellate Authorities Failed to Exclude Time Taken in Prosecuting Writ Petitions Before Filing Statutory Appeals, as Required Under Section 14(2) of Limitation Act, 1963.

The judgment arises from two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court. The lead petition, WP N...

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Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

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Supreme Court Awards Compensation to Victims of Meerut Fire Tragedy Due to State and Organizer Negligence. State and Organizers Held Jointly and Severally Liable for Deaths and Injuries from Fire at Victoria Park Exhibition Due to Failure to Obtain Permissions and Ensure Fire Safety.

The Supreme Court dealt with a writ petition filed by victims of a fire tragedy that occurred on April 10, 2006, at Victoria Park, Meerut, during the ...

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High Court of Karnataka Dismisses Petition Under Section 11(4) of Arbitration Act for Appointment of Arbitrator When Tribunal Already Constituted. Petition Under Section 11(4) Not Maintainable Once Arbitral Tribunal is Constituted; Remedy Lies Under Section 15 of the Act for Substitution of Arbitrator.

The petitioner, Transparent Energy Systems Pvt. Ltd., filed a Civil Miscellaneous Petition under Section 11(4) of the Arbitration and Conciliation Act...

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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 Examines Whether Writ Petition Lies Against National Stock Exchange for Termination. Maintainability Questioned on Grounds That NSE is Not State Under Article 12 and Dispute is Contractual.

The petitioner, Suprabhat Lala, was appointed as a Manager with the National Stock Exchange (NSE) on 1 October 2001 under terms and conditions set out...

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High Court of Bombay Examines Whether Civil Suit for Recovery Survives Approval of Resolution Plan Under Insolvency and Bankruptcy Code, 2016. The petition raises the question of the overriding effect of the IBC on pending civil proceedings.

The matter arose from a summary suit filed by respondent No.1, a proprietary concern, under Order XXXVII of the Code of Civil Procedure, 1908, for rec...