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Bombay High Court Quashes MSEFC Award for Lack of Jurisdiction Over Buyer Outside Maharashtra. Territorial Jurisdiction of Facilitation Council Under Section 18 of MSMED Act, 2006 Cannot Extend to Buyers Located Outside Its Territorial Limits.

The petitioner, Gujarat State Petronet Ltd., a company incorporated under the Companies Act, 1956 with its registered office in Gandhinagar, Gujarat, ...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Service Agreement Dispute. Court holds that an arbitral award granting refund of mobilization advance and damages for breach of contract does not warrant interference under Section 37 of the Arbitration and Conciliation Act, 1996.

The petitioner, Hind Offshore Private Limited, filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order d...

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Bombay High Court Upholds Validity of Maharashtra Revenue Services (Recruitment) Rules, 2020 and Directs Finalization of Seniority Lists for Deputy Collectors — Seniority to be Determined by Date of Continuous Officiation, Not by Date of Regular Promotion.

The judgment pertains to a batch of writ petitions filed by Deputy Collectors and the State of Maharashtra concerning the determination of seniority o...

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Supreme Court Allows Appeal in Arbitration Case, Reinstating District Judge's Decision Upholding Arbitral Award. High Court Exceeded Jurisdiction Under Section 37 of Arbitration and Conciliation Act, 1996 by Re-evaluating Evidence and Decreeing Claim, Contrary to Limited Scope of Judicial Review.

The dispute originated from a contract dated 4 April 2002 between Punjab State Civil Supplies Corporation Ltd and M/s Ramesh Kumar and Company for the...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Contractual Dispute Over Withheld Payments. Court upholds award directing release of Rs. 2,66,48,000 with 8% interest, finding no patent illegality or perversity under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Hindustan Petroleum Corporation Ltd., challenged an arbitral award dated 2 March 2009 passed by a sole arbitrator under Section 34 of ...

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Bombay High Court Allows Appeal in Contract Dispute Over Advance Payment Recovery — Defendants Liable to Refund Balance Advance After Failure to Deliver Goods. The court upheld the trial court's decree for refund of advance payments with interest, finding breach of contract by the defendants.

The plaintiff, M/s. Sync Overseas Marketing Pvt. Ltd., placed an order with the defendants, M/s. Girivijay Enterprises & ors., on 14th October 1995 fo...

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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Bombay High Court Dismisses Criminal Application for Quashing Summons in Security Guards Act Violation. Allegations Against Officers as Principal Employers Prima Facie Disclose Offence Under Clause 42 of Maharashtra Private Security Guards Scheme, 2002.

The matter arose from a criminal complaint filed by Inspector R.D. Khanorkar under the Maharashtra Private Security Guards (Regulation of Employment a...

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Bombay High Court Examines Maintainability of Writ Petitions Against Air India After Privatisation. The Court Considered Whether Subsequent Events Like Privatisation Could Render Writs Non-Maintainable Under Article 226.

The matter concerned four writ petitions filed by former cabin crew members of Air India Ltd. (AIL) against their former employer and the Union of Ind...