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Bombay High Court Dismisses Appeals in PFA Supply Dispute, Upholds Arbitral Award. Findings of fact by arbitral tribunal are not open to reappraisal in appeal under Section 37 of Arbitration and Conciliation Act, 1996 unless perverse or contrary to public policy.

The case arises from an agreement dated 4 October 2000 between Maharashtra State Electricity Board (MSEB) and Dirk India Private Limited (DIPL) for th...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit for Unauthorized Subletting. Concurrent findings of fact that tenant sublet premises without landlord's consent under Section 15 of Maharashtra Rent Control Act, 1999, upheld.

The Khadi and Village Industries Commission (KVIC), a statutory body, was a monthly tenant of a godown premises in Mumbai owned by the respondents (la...

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Bombay High Court Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...

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High Court of Bombay Upholds Reinstatement of Bank Employee in Disciplinary Matter — Full Back Wages Awarded for Flawed Inquiry. Syndicate Bank's Dismissal of Clerk for Alleged Misconduct Set Aside as Inquiry Was Vitiated by Bias and Non-Supply of Documents.

The petitioner, Syndicate Bank, a nationalised bank, challenged the Part-I Award dated 28.5.2003 and Part-II Award dated 7.9.2010 passed by the Centra...

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Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment on Defendants' Advocate. Service on Defendants directly without prior attempt on advocate held insufficient under Order XXXVII CPC.

The petitioners, original defendants in Summary Suit No.4914 of 2012, challenged the order dated 08.07.2013 passed by the City Civil Court, Mumbai, di...

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Bombay High Court Dismisses Writ Petition Challenging Forest Land Encroachment Notices Under Maharashtra Land Revenue Code and Forest Act. Petitioners Failed to Establish Title or Authorisation for Construction on Government Forest Land.

The petitioners, nine individuals, filed a writ petition before the Bombay High Court challenging notices issued by the Deputy Conservator of Forests ...

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Bombay High Court Upholds Tribunal's Finding that Crane Hirer is Not a 'Dealer' Under Lease Act. Transaction of Hiring Crane with Operator is a Works Contract, Not a Sale of Right to Use Goods.

The case involves a reference under the Maharashtra Sales Tax on Transfer of Right to Use Any Goods for Any Purpose Act, 1985 (Lease Act). The respond...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Specific Performance Dispute. Court upholds award rejecting claim for specific performance of agreement to sell immovable property, finding no grounds under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Rajesh V. Choudhary, filed Arbitration Petition No.734 of 2010 under Section 34 of the Arbitration and Conciliation Act, 1996, seeking...

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Bombay High Court Dismisses Challenge to Arbitral Award on Liquidated Damages in Construction Contract Dispute. Court Upholds Arbitrator's Finding of Delay and Quantification of Liquidated Damages Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, M/s B.E. Billimoria & Co. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging part of a...