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High Court

Madras High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Upholds Refund of EPF/ESI Withholdings but Remits Liquidated Damages Issue for Reconsideration. The court found that the arbitrator's rejection of liquidated damages was patently illegal due to non-consideration of contractual provisions, while the refund of EPF/ESI withholdings was valid.

2 Jan 2026

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, arising from an arbitral award dated 01.07.2019. T...

High Court

Madras High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Upholds Refund of Withheld EPF/ESI Amounts but Remits Liquidated Damages Issue for Reconsideration. The court held that the rejection of liquidated damages claim was patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996, while the award of refund of EPF/ESI deductions was not against public policy.

2 Jan 2026

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 01.07.2019. Th...

Tribunals

NCLAT Dismisses Appeal by Suspended Director Against Admission of Section 9 Application by Operational Creditor. Pre-existing Dispute Not Established as Operational Creditor's Claim for Refund of Advance Payment Was Not Disputed Prior to Demand Notice Under Section 8 of Insolvency and Bankruptcy Code, 2016.

25 Apr 2025

The appeal was filed by Bhawani Prasad Mishra, a suspended director of B.S. Ispat Pvt. Ltd. (Corporate Debtor), challenging the order dated 26.03.2025...

Supreme Court

Supreme Court Partially Allows Builder's Appeal in Consumer Dispute Over Forfeiture of Earnest Money — Reduces Forfeiture from 20% to 10% of Basic Sale Price. Court upholds NCDRC's power to strike down unconscionable contractual terms but modifies interest rate and forfeiture percentage based on facts.

10 Feb 2025

The present appeal arises from a consumer complaint filed by the respondents (buyers) against the appellant (builder, Godrej Projects Development Limi...

High Court

Bombay High Court Allows Department's Appeal in Central Excise Refund Case — Limitation Period Under Section 11B Is Mandatory and Unjust Enrichment Applies to Pre-deposit Refunds. The court held that the one-year limitation for refund claims cannot be extended and the claimant must prove no passing of duty burden.

8 Mar 2024

The case involves two connected matters: an appeal by the Commissioner of CGST & Central Excise, Thane Rural, against an order of the Customs, Excise ...

High Court

High Court of Bombay Dismisses Revenue's Challenge to Refund Order in Favor of Vodafone Idea Limited Due to Alternative Remedy and Delay. The court held that the Revenue's writ petition was not maintainable as an alternative remedy of revision under Section 35A of the Central Excise Act, 1944 was available, and the petition was barred by delay and laches.

4 Jul 2022

The case involves two writ petitions: one filed by Vodafone Idea Limited seeking implementation of a refund order, and another filed by the Revenue ch...

High Court

Bombay High Court Dismisses Petition Seeking Refund of Royalty Under Package Scheme of Incentives, 2007 — Limitation Circular of 2011 Held Applicable to Claims Filed After Its Issuance. The court upheld the rejection of a claim for refund of royalty for the year 2011-2012 as time-barred under a government circular dated 17.06.2011, even though the eligibility certificate was issued earlier.

7 Apr 2017

The petitioners, M/s. Chinteshwar Steel Private Limited and its director, filed a writ petition seeking a direction to the respondents to consider the...

High Court

Bombay High Court Allows Appeal in Part, Grants Refund of Advance with Interest in Specific Performance Suit for Lease Agreement. The court held that an oral agreement for lease cannot be specifically enforced due to limitation and lack of written evidence, but the advance paid must be refunded with interest.

22 Sep 2015

The appellants, original plaintiffs, filed a suit for specific performance of an oral agreement of lease and possession of a shop premises in Pune. Th...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Regarding Advance Receipts and Expenditure Recognition for Holiday Scheme. Tribunal's order upheld as no substantial question of law arises from the Commissioner's revision under Section 263 of the Income Tax Act, 1961.

9 May 2014

The case involves two appeals by the Revenue (Commissioner of Income Tax-7) against the order of the Income Tax Appellate Tribunal dated 16th March 20...

High Court

Bombay High Court Dismisses Section 9 Petition for Interim Relief in Arbitration Dispute Over Lease Deposit Refund. Court holds that a claim for refund of a deposit is a monetary claim and cannot be secured by way of interim measure under Section 9 of the Arbitration and Conciliation Act, 1996 unless there is a specific agreement or clear evidence of intention to create a charge.

7 May 2012

The petitioner, BNP Paribas Securities India Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim...

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