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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...

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High Court of Karnataka Reviews Order Directing Liquidator to Accept Sale Proceeds in Insolvency Case. Insolvency and Bankruptcy Board of India Challenges Writ Order Alleging Irregularities in Auction Process Under IBC.

The review petition was filed by the Insolvency and Bankruptcy Board of India (IBBI) under Section 114 read with Order XLVII Rule 1 of the Code of Civ...

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High Court of Karnataka Dismisses PIL Challenging APMC Market Fee Exemption for Farmers. Exemption notification under Section 63 of Karnataka APMC Act, 1966 held valid and not violative of Article 14.

The petitioners, who are traders and commission agents in the Agricultural Produce Market Committee (APMC) yard at Tiptur, filed a Public Interest Lit...

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Bombay High Court Considers Section 9 Petition Seeking Renewal of Bank Guarantees Pending Section 34 Challenge to Arbitral Award. Liquidated Damages Claim in Public Utility Contract Examined for Prima Facie Case in Light of Saw Pipes and Construction & Design Services Precedents.

The proceedings arose from a contract between Oil and Natural Gas Corporation Limited (ONGC) and Afcons Gunanusa Joint Venture for construction, insta...

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Bombay High Court Grants Interim Injunction to Plaintiff in Copyright Dispute Over Film 'Sheela' — Prima Facie Finding of Valid Assignment Chain. Court holds that registered assignments under Section 48 of the Copyright Act, 1957 prevail over unregistered subsequent assignments.

The dispute concerns the copyright in the 1987 Hindi motion picture 'Sheela', originally produced by BS Dwarakish. Goldmines Telefilms Pvt Ltd filed a...

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Bombay High Court Quashes Tender Award in Municipal Contract Case for Violation of Tender Conditions and Lack of Transparency. The Court held that the Corporation's decision to award the contract to a technically disqualified bidder was arbitrary and unsustainable.

The case involves a writ petition filed by Kirloskar Brothers Limited (Maharashtra Electro-mech Joint Venture) challenging the tender process conducte...

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High Court of Bombay Adjudicates Petitions Under Section 37 of Arbitration Act Against Interim Deposit Order. The Arbitral Tribunal Had Directed Joint and Several Deposit of Rs.190 Crores and Restraint on Property Alienation.

The dispute arose from a Share Holders Agreement (SHA) dated 27 December 2012 and subsequent amendments between the Claimants (investors) and the Resp...

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Bombay High Court Dismisses Writ Petition Challenging Unconditional Stay of Arbitral Award Due to Stamp Duty Deficiency. Arbitration Agreement in Unstamped Member Client Agreement Held Void Ab Initio Under Maharashtra Stamp Act, 1958.

The petitioner, M/s. Anand Rathi Share & Stock Brokers Ltd., challenged an order passed by the District Judge-1, Amravati, which granted unconditional...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...