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Bombay High Court Allows Termination of Arbitrator's Mandate Under Section 14 of Arbitration and Conciliation Act, 1996 for De Facto Inability to Perform Functions. Arbitrator's Order Returning Statement of Claim and Rejecting Application for Termination of Mandate Set Aside as Without Jurisdiction.

The petitioner, Amar Tea Distributors, a partnership firm, entered into a Distributor Agreement with the respondent, Coca-Cola India Pvt. Ltd., on 7th...

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Bombay High Court Upholds Arbitral Award in Limitation Dispute Between Contractor and Municipal Corporation. Court holds that cause of action for arbitration arose on rejection of claim by Commissioner on 6th January 2000, not on earlier dates, and thus reference was within limitation.

The case involves two appeals filed by M/s. R.N. Ghanekar & Co. (Appellant) and the Municipal Corporation of Greater Mumbai (Respondent) against a com...

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Bombay High Court Allows Writ Petition of RPF Constable Seeking Reinstatement After Medical De-categorisation — Railway Authorities Directed to Consider Petitioner for Suitable Alternative Post in Terms of Rules.

The petitioner, Santosh Motiram Chavan, was appointed as a Constable in the Railway Protection Force (RPF) under the Senior Divisional Security Commis...

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Supreme Court Quashes Municipal Corporation's Mandamus for Land Acquisition Due to Lapsed Reservation and Financial Incapacity. Reservation under Development Plan Lapsed Under Section 127 of MRTP Act, 1966, and Acquisition Not Mandated as Corporation Lacked Funds Under RFCTLARR Act, 2013.

The dispute involved a land reservation under the Kolhapur development plan sanctioned in 1999 for public purposes like parking and garden. The landow...

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Bombay High Court Upholds Validity of Section 21(5) of Bombay Sales Tax Act, 1989 Allowing Non-Judicial Member as President of Tribunal. Challenge to Appointment of IAS Officer as President Dismissed as Provision Does Not Violate Basic Structure.

The Sales Tax Tribunal Bar Association and its President filed a writ petition before the Bombay High Court challenging the constitutional validity of...

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Bombay High Court Dismisses Insolvency Petition Against Debtor Due to Non-Compliance with Section 9(3)(c) of Presidency Towns Insolvency Act, 1909 — Petitioning Creditor Failed to Prove Debtor's Act of Insolvency Within Three Months of Petition.

The case concerns an insolvency petition filed by Kaushik Shah Shares & Securities Private Limited (substituted petitioning creditor) seeking to adjud...

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Supreme Court Rejects Challenge to ICC Arbitral Award in Share Dispute, Modifies Interest by Consent. Parties agree to Rs.107.50 crore full and final settlement with sale of project land to Bhutani Group.

The present appeal arose from a challenge to an ICC arbitral award with its seat in New Delhi. The dispute originated from a Shareholders Agreement (S...