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Bombay High Court Allows Appeal in Contractual Dispute Over Force Majeure Extension of Conducting Agreement. Force Majeure Clause Invoked Due to COVID-19 Pandemic Extends Term of Agreement by Equivalent Period.

The appeal arose from an order dated 27 September 2022 passed by the City Civil Court at Mumbai dismissing the appellant's Notice of Motion in Suit No...

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Supreme Court Upholds Licensee in Excise License Cancellation Case Due to Inapplicability of Amended Rules. Liability Limited to Actual Loss with Credit for Departmental Management Fees Under Old Rule 13 of Abkari Shops Departmental Management Rules, 1972, as Contract Predated Amendment.

The dispute arose from the cancellation of a country liquor license by the State of Kerala. The respondent licensee had successfully bid for arrack sh...

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Bombay High Court Dismisses MCGM's Challenge to MERC Regulation on Compensation for Delayed Electricity Connections. Regulation 4.10 requiring distribution licensees to pay compensation for failure to provide new connections within stipulated period is valid and not ultra vires the Electricity Act, 2003.

The Municipal Corporation of Greater Mumbai (MCGM), through its Brihanmumbai Electric Supply & Transport Undertaking (BES&T), filed a writ petition un...

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Bombay High Court Dismisses MCGM's Challenge to MERC Regulation on Compensation for Delayed Electricity Connections. Regulation 4.10 requiring compensation for failure to provide new connections within stipulated time is held valid under Section 181 read with Section 57 of the Electricity Act, 2003.

The Municipal Corporation of Greater Mumbai (MCGM), a statutory corporation and local authority, filed a writ petition under Article 226 of the Consti...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Specific Performance Dispute. Court upholds arbitrator's discretion to deny specific performance and award damages instead, finding no grounds for interference under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Rolta India Ltd., challenged an arbitral award dated 8th December, 2010 under Section 34 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement Not Proved and Time Not Essence. Plaintiff failed to establish execution of agreement for sale and readiness and willingness to perform, leading to dismissal of suit for specific performance.

The appellant, Shaikh Hidayat, filed a suit for specific performance of an agreement for sale of property admeasuring about 11920 sq. mtrs. at Borda, ...

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Bombay High Court Allows Appeal Under Section 37(2)(b) of Arbitration Act Against Arbitrator's Order Rejecting Interim Relief — Holds That Arbitrator Must Consider Prima Facie Case, Balance of Convenience, and Irreparable Loss Before Refusing Interim Injunction.

The appellant, Spice Digital Ltd., filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, challenging an order dated 16...

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Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement to Sell Flat. Oral Agreement for Sale of Immovable Property Not Enforceable Due to Lack of Written Contract and Part Performance Under Section 53A of Transfer of Property Act, 1882.

The plaintiff, Nirav Deepak Modi, filed a suit for specific performance of an oral agreement allegedly entered into with defendant No.1, Najoo Behram ...