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Bombay High Court Allows Appeal in Commercial Contract Dispute — Remands Suit for Fresh Consideration on Merits. Failure to Frame Issues and Conduct Trial Rendered Decree Unsustainable Under Order 41 Rule 23 CPC.

The present Commercial Appeal arises from a judgment and decree dated 09/08/2019 passed by the learned District Judge-1, Jalna, in Commercial Suit No....

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Bombay High Court Allows Section 9 and 11 Petitions in License Termination Dispute with Airports Authority of India. Disputes Over Termination of License to Occupy Airport Premises Held Arbitrable Despite Public Premises Act.

The Bombay High Court dealt with three connected proceedings: two petitions under Section 9 of the Arbitration and Conciliation Act, 1996, and one app...

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Bombay High Court Allows Arbitration Petition Under Section 45 of Arbitration and Conciliation Act, 1996 — Refers Dispute to Arbitration. Holds That Arbitration Agreement Is Valid and Not Null and Void, Inoperative, or Incapable of Being Performed.

The petitioner, Bottero S.p.A., filed an arbitration petition under Section 45 of the Arbitration and Conciliation Act, 1996, seeking to refer the dis...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Arbitral Award Rejecting Claim for Share Trading Losses. Claimant Failed to Prove Respondent's Negligence or Breach of Contract, and Findings of Fact by Arbitrator Are Binding.

The appellant, Rajendra Kumar Bothra, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned...

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High Court of Karnataka Delivers Judgment in Appeal Against Dismissal of Suit for Recovery of Money Alleging Bank's Unauthorized Issuance of Demand Drafts from Cheque Mandate. The Appeal Involves Issues of Bank's Liability for Acting Contrary to Instructions Under Sections of Customs Act, 1962 and CPC.

The plaintiff, a registered company engaged in manufacturing television and monitor components, imported goods and stored them in a bonded warehouse. ...

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Bombay High Court Hears Section 34 Petition Against Arbitral Award Rejecting Securities Claim on Grounds of Forum Shopping. Petitioners Contend That Regulatory Proceedings Against Clearing Member and Arbitration Against Depository Are Distinct, Allowing Simultaneous Pursuit Under Indemnity Principles.

This matter arises from a petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Judicature at Bombay...