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Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Grounds for Interference Established. Court Held That the Arbitral Tribunal's Findings Were Based on Evidence and Not Perverse, and the Petition Was Barred by Limitation.

The petitioner, Jawaharlal Nehru Port Trust, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral ...

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Bombay High Court Allows Recovery Suit for Cotton Price and Interest — Contract Deemed Accepted Under Clause 33. The court held that the defendant was liable to pay the price of cotton bales and other charges with interest at 20% per annum.

The plaintiff, The Cotton Corporation of India Ltd., filed a suit for recovery of Rs.15,78,006.49 along with interest at 20% per annum against the def...

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Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Construction Contract Dispute. Court upholds single judge's refusal to set aside award under Section 34 of Arbitration and Conciliation Act, 1996, holding that findings of fact by arbitrator are not open to challenge.

The Union of India (appellant) had invited tenders for construction work, and Moti Enterprises (respondent) was the successful tenderer. The contract ...

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Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Compensation for Deceased Motorcyclist. No Contributory Negligence Found as Maruti Car Driver Was Solely Negligent, and Compensation Based on Income Tax Returns and Multiplier of 10 Was Proper.

The case arises from a motor accident on 7th August 1994, when Rajendra, the deceased, was riding a Hero Honda motorcycle and was hit by a Maruti car ...

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Bombay High Court Dismisses Appeal Against Rejection of Time-Barred Counterclaim in Arbitration. Limitation for Counterclaim Runs from Date of Termination of Contract, Not from Subsequent Correspondence.

The appeal arose from an order dated 1 October 2012 passed by a learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996, d...