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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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High Court Dismisses Section 9 Petition for Post-Foreign Award Relief in Commercial Arbitration Dispute - Vessel Sale Prior to Petition Filing Renders Relief Infructuous

The High Court dismissed a commercial arbitration petition seeking interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 to s...

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Bombay High Court Considers Section 34 Petition to Set Aside Arbitral Award for Jurisdictional Excess and Violation of Natural Justice. Petitioner Alleges Arbitrator Entertained Claims Beyond Scope of Reference and Relied on Unproved Certificates, Rendering Award Patently Illegal.

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 arose from a construction dispute between Country Club (India) Ltd...

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Bombay High Court Dismisses State's Appeal Against Grant of Additional Benefits Under Amended Land Acquisition Act — Review Application Maintainable as Reference Was Pending on Amendment Date.

The State of Maharashtra appealed against the order of the Reference Court (Joint District Judge, Nashik) dated 18th February 1992, which granted addi...

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Bombay High Court Hears Petition to Set Aside Arbitral Award Directing Indemnity for Depreciation Disallowance. Petitioners Argue that Clause 14 of Lease Agreement Does Not Cover Income Tax Depreciation Denial and Rely on Identical Clause Interpretation in Prior Judgment.

The dispute arose from a lease agreement executed in 1997 between Borosil Glass Works Limited (lessee/petitioner) and Tata Motors Limited (lessor/resp...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Arbitral Award for Violation of Natural Justice and Public Policy. Failure to Provide Opportunity to Cross-Examine Key Witness and Non-Consideration of Vital Evidence Renders Award Patently Illegal.

The appellant, M/s Leaf Bio-Tech Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the order of the Ci...

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High Court of Karnataka Dharwad Bench Examines Motor Accident Claims Appeals Involving Exoneration of Insurer. The case turns on whether non-renewal of transport endorsement on a driving licence constitutes absence of valid licence, affecting insurer's liability under Motor Vehicles Act, 1988.

These appeals arose from motor accident claims following a collision on 05.04.2012 between a Tata Ace vehicle (KA-35/A-7411) and a lorry (KA-16/A-4378...