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Supreme Court Dismisses Insurer's Appeal, Upholds Appointment of Arbitrator in Insurance Claim Dispute. Discharge Voucher Signed Under Protest and Coercion Does Not Bar Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The case involves an appeal by The Oriental Insurance Co. Ltd. against a Bombay High Court order appointing an arbitrator under Section 11(6) of the A...

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Bombay High Court Upholds Eviction of Multinational Company in Rent Control Case. Section 3(1)(b) of Maharashtra Rent Control Act, 1999 exempts premises let to multinational companies from protection of the Act, and concurrent findings of fact are not interfered with under Section 115 CPC.

The applicant, Eloff Hansson (India) Pvt. Ltd., was a tenant in office premises in Mumbai. The respondents, landlords, terminated the tenancy in 1993 ...

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Bombay High Court Dismisses Petitioners' Challenge to Tender Cancellation in Public Works Contract. Court Holds That No Vested Right Arises Until Formal Acceptance of Bid, and Government Has Discretion to Cancel Tender in Public Interest.

The petitioners, Jai Laxmi Constructions and others, filed two writ petitions challenging the cancellation of a tender process and the issuance of a f...

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Bombay High Court Allows Eviction Suit Against MSEB in Rent Control Dispute — State Government Not the Tenant. The court held that MSEB was the tenant and the suit was maintainable, setting aside the concurrent decrees of the lower courts.

The petitioner, The Hong Kong & Shanghai Banking Corporation Limited (HSBC), filed a writ petition challenging the concurrent judgments of the Small C...

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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

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High Court of Bombay Makes Rule Returnable in Writs Seeking Compliance with RBI Master Circular on Loan Restructuring. Petitioners Allege Inability to Comply with Loan Obligations Due to Telecom Industry Downturn, Seek Direction to Banks Under Paragraph 6.4 of RBI Master Circular Dated 1 July 2015.

The petitioner in Writ Petition No. 1893 of 2019, GTL Infrastructure Limited, a company incorporated under the Companies Act, 1956, filed a writ petit...

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Bombay High Court Allows Writ Petition of Employees Against Air India for Failure to Accept Resignations. Employer Cannot Refuse Resignation or Force Employee to Continue Service Under Air India Certified Standing Orders.

The petitioners were employees of Air India Limited (respondent no.2) whose services were transferred to Air India Engineering Services Limited (respo...

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Bombay High Court Upholds Trial Court's Order to Try Jurisdiction as Preliminary Issue in Contract Dispute. Exclusive jurisdiction clause in contract designating Mumbai courts does not automatically oust territorial jurisdiction of Aurangabad court without proper adjudication.

The petitioner, M/s Ghai Construction, filed a suit (Spl. C. S. No. 276 of 2009) in the Civil Court at Aurangabad for recovery of Rs. 652.06 Lakhs fro...