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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 Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 NI Act. Presumption under Section 139 NI Act that cheque was issued for legally enforceable debt not rebutted by accused's bare denial.

The appeal was filed by the original complainant, Smt. Nanda w/o Dharam Nandanwar, against the judgment and order dated 26th March 2009 passed by the ...

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Bombay High Court Allows SFC Petition Against Guarantors Under Section 31(1)(aa) of SFC Act, 1951 — Guarantors Liable Despite Company's Winding Up. Guarantee is a separate contract and liability of guarantor is co-extensive with principal debtor under Section 128 of Indian Contract Act, 1872.

The petitioner, SICOM Limited, a State Financial Corporation, filed a petition under Section 31(1)(aa) of the State Financial Corporation Act, 1951 ag...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation of Rs.19,30,000 for Death of Ganeshan. Negligence of Driver of Insured Vehicle Established, and Insurer Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The appeal was filed by the Regional Manager of National Insurance Company Limited against the judgment and award dated 22.09.2016 passed by the IX Ad...

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Bombay High Court Allows Specific Performance Appeal in Land Sale Contract Case — Appellate Court Erred in Reversing Decree on Hardship Grounds. Discretionary Relief Under Specific Relief Act Cannot Be Denied Solely Because Defendant Would Become Landless.

The appellant, Sharadchandra Yadaorao Kashettiwar, filed a second appeal against the judgment and decree dated 08/07/2005 passed by the Additional Dis...

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CONTEMPT PETITION NO.2 OF 2015

The petitioner filed a contempt petition alleging willful disobedience of a direction in an order dated 21.10.2013, passed in Company Application (L) ...