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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Enhances Compensation for Airport Land Acquisition in Marol Village — Market Value Fixed at Rs. 90 per sq. m. for 1981 and 1982 Notifications. Court Relies on Expert Valuer's Report and Rejects SLAO's Low Valuation Based on Inadequate Comparable Sales.

The judgment pertains to two Land Acquisition References (LAR No.18 of 1988 and LAR No.19 of 1988) filed by A.H. Wadia Charity Trust (the Claimant) se...

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Supreme Court Quashes High Court Judgment in Tender Dispute, Reinstates Award to Lowest Bidder. The High Court exceeded its jurisdiction by substituting its interpretation of tender conditions for that of the tendering authority, violating principles of judicial review under administrative law.

The dispute arose from a Tender Call Notice dated 30.12.2019 issued by the Office of the Superintendent, SCB Medical College and Hospital, Cuttack, fo...

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Bombay High Court Dismisses Review Petition in MSMED Act Arbitration Dispute — No Error Apparent on Record. Review Petition under Order 47 Rule 1 CPC fails as petitioner's alternative remedy by way of appeal was availed and withdrawn, and no grounds for review exist.

The petitioner, Microvision Technologies Pvt. Ltd., a supplier under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), had co...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Bombay High Court Allows Removal of Assets in Commercial Suit Despite Arbitration Clause — Interim Relief Granted Under Order 39 CPC. Trial Court Directed to Decide Interim Application on Merits Without Considering Maintainability Based on Arbitration Clause.

The petitioner, INOX Leisure Limited, filed a commercial suit against Indo Pacific Projects Limited seeking recovery of security deposit and permissio...