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Bombay High Court Dismisses Petitioners' Challenge to Tender Cancellation in Public Works Contract. Court Holds That No Vested Right Arises Until Formal Acceptance of Bid, and Government Has Discretion to Cancel Tender in Public Interest.

The petitioners, Jai Laxmi Constructions and others, filed two writ petitions challenging the cancellation of a tender process and the issuance of a f...

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Bombay High Court Dismisses Writ Petition Challenging Tender Award in Public Procurement Contract. Court holds that the decision of the employer to accept a bid with minor deviations is not arbitrary or mala fide and does not warrant interference under Article 226 of the Constitution of India.

The petitioner, Cyfuture India Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging the decision of respo...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Contract Dispute Between Pioneer Publicity Corporation and Airport Authority of India. Dispute arises from unilateral reduction of hoarding size from 8,000 sq ft to 5,000 sq ft and failure to refund security deposit.

The applicant, Pioneer Publicity Corporation Pvt Ltd, was the successful tenderer for a contract with the Airport Authority of India (AAI) for display...

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High Court of Karnataka Directs Refund of Forfeited Auction Amount in SARFAESI Sale Due to Bank's Failure to Issue Sale Certificate. Bank's Failure to Perform Reciprocal Promise Discharges Bidder from Obligation to Pay Balance.

The petitioner, Sri Kalyanamurthy K., participated in an e-auction conducted by the State Bank of India (respondent) for the sale of an immovable prop...

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Supreme Court Upholds Tender Award in E-Auction Dispute Due to Technical Glitch and Lack of Arbitrariness. Connectivity failure at service provider's end justified resumption of auction; High Court's interference in commercial decision set aside.

The Supreme Court allowed the appeals filed by Bharat Coking Coal Ltd. (BCCL) against the judgment of the Jharkhand High Court, which had quashed the ...

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Bombay High Court Dismisses Petition Challenging Technical Qualification of Consortium in Tender for Conversion of MODU to MOPU. Court upholds ONGC's decision to treat consortium as technically qualified, finding no arbitrariness or mala fides in the tendering process.

The petitioners, Afcons Infrastructure Limited and others, challenged the decision of Oil & Natural Gas Corporation Ltd. (ONGC) to treat a consortium ...

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High Court of Bombay Adjudicates Section 34 Petition Against Partial Award on Existence of JEA. The petition challenges an arbitral tribunal's finding that an initialled but unsigned JEA was a valid contract containing an arbitration agreement under Section 7 of the Arbitration Act.

The petition arose out of a partial arbitral award dated January 9, 2014, passed under Section 16 of the Arbitration and Conciliation Act, 1996, which...

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Bombay High Court Upholds Executing Court's Rejection of Time-Barred Application to Set Aside Auction Sale Under Order 21 Rule 89 CPC. Application Filed 63 Days After Sale Found Barred by Limitation, Secured Creditor's Prior Charge on Property Upheld for Distribution of Sale Proceeds.

The petitioner, a borrower, had availed a housing loan from respondent No.1 finance company and mortgaged the purchased flat. Upon default, the lender...