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Bombay High Court Partially Allows PWD's Challenge to Arbitral Award in Road Construction Contract Dispute. Court Upholds Damages Beyond 1% Cap Due to Contractor's Abandonment but Reduces Interest Rate from 18% to 9% Simple.

The case arises from three arbitration petitions filed by the Public Works Department (PWD) of Maharashtra under Section 34 of the Arbitration and Con...

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Bombay High Court Dismisses Petition Challenging Interim Compensation Order in Lease Dispute. Appellate court's order granting interim compensation under Section 43(1) of the Presidency Small Cause Courts Act, 1882 upheld as compensatory and not penal.

The petitioners, heirs of the original lessee Hashambhai Jetha, were granted a lease of a plot of land admeasuring 3341 sq. yards by an Indenture of L...

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Bombay High Court Allows Appeal by Municipal Corporation in Property Dispute Over Road Widening Compensation. Promise to Sanction Additional FSI Held Not Binding Without Consideration and Formal Approval.

The Thane Municipal Corporation (appellant) appealed against a judgment and decree dated 10.3.2005 passed by the Civil Judge Senior Division, Thane in...

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Bombay High Court Dismisses Winding Up Petition in Power Supply Dispute Due to Bona Fide Dispute. Debt under Section 433(e) of Companies Act, 1956 not recoverable via winding up when substantial defense exists.

The petitioner, Vedanta Limited, filed a company petition seeking winding up of the respondent, Global Energy Private Limited, under Section 433(e) of...

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Bombay High Court Upholds Injunction Restraining Defendants from Preventing Plaintiff's Possession of Suit Flat in Property Dispute Between Sisters. Court Rejects Plaintiff's Claim for Temporary Partition Wall, Holding That No Right to Create New Structure Exists Under Gift Deed or Law.

The case involves a dispute between two sisters over two adjoining flats originally owned by their father, Jagat Bhushan Jain. The father executed gif...

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Madras High Court Dismisses Insurance Company's Writ Against Ombudsman Award in PMFBY Crop Insurance Dispute. Error in Village Name by Cooperative Society Does Not Shift Liability to Insurer; Ombudsman's Award Upheld.

The case involves a dispute under the Pradhan Mantri Fasal Bima Yojana (PMFBY) scheme. The first respondent, a non-loanee farmer, insured her crops th...

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High Court of Karnataka Dismisses Appeal in Insurance Claim Dispute — Policy Condition Precedent Not Fulfilled. Export Credit Guarantee Corporation's denial of claim upheld as appellant failed to comply with mandatory condition requiring prior approval for extending credit period beyond policy terms.

The appellant, Prakruthi Products Pvt. Ltd., an exporter of herbal extracts, held an export credit insurance policy with the Export Credit Guarantee C...

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High Court of Karnataka Dismisses Appeal by Exporter in Insurance Claim Dispute — Policy Condition Precedent Not Fulfilled. Failure to Obtain Prior Written Consent from ECGC for Extended Credit Terms Bars Recovery Under Section 13(1-A) of Commercial Courts Act, 2015.

The appellant, Prakruthi Products Pvt. Ltd., an exporter of herbal extracts, held an insurance policy with the Export Credit Guarantee Corporation of ...