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Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award in Construction Contract Dispute. The court restored the arbitral award holding that the Single Judge exceeded jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 by reappreciating evidence.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court setting aside an arbitral award dated 16 January 2009 under Sectio...

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Bombay High Court Quashes Criminal Process Issued by Chief Judicial Magistrate for Offences Under IPC. Court Holds That Contradictory Orders by Same Magistrate—Issuing Process on Private Complaint and Accepting 'B' Summary—Render the Prosecution Invalid.

The High Court of Bombay at Aurangabad considered two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 by applica...

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Bombay High Court Directs MIDC to Recalculate Water Charges for Industrial Unit Considering Water Used as Raw Material. Court Holds That Water Charges Must Be Based on Actual Consumption and Not Arbitrary Rates, and That Delayed Payment Charges Cannot Be Levied Without Proper Adjudication.

The Petitioner, Zawar Sales Limited, a small-scale industry engaged in manufacturing, filed a writ petition seeking a direction to the Maharashtra Ind...

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Bombay High Court Allows Refund of CVD Paid on Imported Mobile Phones Under Exemption Notification. The court held that the exemption notification No.12/2012-Customs applies to imports and directed reconsideration of refund claims subject to verification of unjust enrichment.

The petitioner, Micromax Informatics Limited, a company registered under the Companies Act, imported mobile handsets during July 2014 to June 2015 and...

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High Court of Karnataka Dismisses Writ Petition Seeking Mandamus for Release of Contractual Payment Due to Disputed Facts. Court holds that disputed questions of fact regarding work completion and measurement cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India.

The petitioner, M/s. GVPR Engineers Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction in the nat...

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Bombay High Court Dismisses Vessel Owner's Application for Release of Arrested Vessel Due to Repeated Breach of Undertakings and Contempt of Court. Auction Purchaser's Application for Confirmation of Sale Allowed as Vessel Owners Failed to Furnish Security in Time.

The case involves a commercial admiralty suit filed by GAC Shipping (India) Pvt Ltd & Anr against MV Golden Pride & Ors. The vessel was arrested. The ...

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Supreme Court Dismisses Appeal of Manufacturer in Central Excise Duty Dispute on Captive Consumption of Yarn. Court Holds That Bank Guarantees Furnished Under Interim Order Can Be Enforced Without Section 11A Notice.

The appellant, M/s. The Bombay Dyeing & Mfg. Co. Ltd., was engaged in the manufacture of cotton and manmade fabrics. It claimed that the fabric manufa...

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NCLAT Dismisses Shareholder's Appeal Against Admission of CIRP for Corporate Debtor Under Section 9 IBC. Pre-Existing Dispute Not Established as Dispute Raised After Demand Notice and Lacking Evidence.

The present appeal was filed by Surendra Sancheti, a shareholder of Altius Digital Private Limited (Corporate Debtor), under Section 61 of the Insolve...

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Bombay High Court Dismisses Petition Challenging Rejection of Kar Vivad Samadhan Scheme Declaration Under Section 72 of Customs Act, 1962. Declaration Filed Beyond Scope of Scheme as It Sought to Include Disputes Not Covered by Pending Appeal.

The petitioners, Anup Engineering Limited and Shri V.R. Shah, filed a writ petition in the High Court of Judicature at Bombay challenging an order/com...