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Bombay High Court Dismisses Appeals Against Refusal to Injunction Bank Guarantee Encashment in Arbitration Dispute. Court Holds That Fraud or Irretrievable Injustice Must Be Established for Injunction Against Bank Guarantees Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, Felguera Gruas India Private Limited (FGIPL), entered into contracts with the first respondent, Tuticorin Coal Terminal Private Limited...

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Bombay High Court Allows Arbitration Application by Beneficiaries of Trust Under Section 11 of Arbitration and Conciliation Act, 1996 — Non-Signatory Beneficiaries Can Invoke Arbitration Clause in Trust Deed.

The applicants, beneficiaries of the first respondent trust (a private family trust created by a Deed of Trust dated 6th April 1983), filed an applica...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Discretion to Grant Relief Upheld. Courts below correctly exercised discretion to decree specific performance of agreement to sell agricultural land based on credible evidence of payment and readiness.

The case involves a second appeal filed by the original defendant (appellants) against the judgment and decree passed in First Appeal No. 260/2014 by ...

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Bombay High Court Considers Appeal Under Section 37 of Arbitration Act Against Single Judge Order Dismissing Section 34 Petition Due to Foreign Seat and Governing Law — Interpretation of Escrow Agreement Clauses

The appeal arose from a Commercial Appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Katra Holdings Ltd., a Mauritius co...

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Karnataka High Court Dismisses Writ Petition Seeking Prohibition Against Commercial Court in Arbitration Matter. Commercial Court's Jurisdiction Upheld Under Section 2(1)(c) of Commercial Courts Act, 2015, and Petitioner Estopped from Challenging Jurisdiction After Having Earlier Invoked It.

The writ petition was filed under Article 226 of the Constitution of India seeking a writ of prohibition to restrain the LXXXV Additional City Civil a...