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High Court

Bombay High Court Partially Upholds Arbitral Award in Navy Contract Dispute — Contractor Entitled to Compensation for Delay but Not for Escalation Due to Price Variation Clause. Court sets aside claim for escalation under Clause 70-C as the contract contained a price variation clause, but upholds other claims including loss of productivity and idle establishment.

4 Sep 2012

The case arises from a contract between the Union of India (UOI) and M/s. Arctic India (the Contractor) for replacing a BER A.C. Plant at NAD, Karanja...

High Court

High Court of Bombay Dismisses Union of India's Challenge to Arbitral Award in Naval Dockyard Contract Dispute. Court upholds arbitrator's findings on extra work and escalation claims as plausible and not perverse under Section 34 of Arbitration and Conciliation Act, 1996.

17 Sep 2012

The Petitioner, Union of India, challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The dispute arose from a ...

High Court

Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award Rejecting Counterclaims as Time-Barred. Court holds that limitation for counterclaims arising from same transaction as main claim is governed by Article 1 of Limitation Act, 1963, and that the arbitral tribunal erred in applying a strict three-year period from the date of termination without considering the continuing breach and the date of final bill.

1 Oct 2012

The petitioner, Rolta India Limited, filed two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an in...

High Court

Bombay High Court Dismisses Builders' Challenge to Circulars Restricting Composition Scheme for Works Contracts Under MVAT Act. Circulars Clarifying That Benefit of Composition Scheme Under Section 42(3A) of MVAT Act, 2002 Applies Only to Agreements Registered on or After 1 April 2010 Are Valid and Within Commissioner's Power.

30 Oct 2012

The judgment concerns two writ petitions filed under Article 226 of the Constitution by the Builders Association of India and the Maharashtra Chamber ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Construction Dispute. Court upholds arbitrator's findings on limitation and quantum under Section 34 of the Arbitration and Conciliation Act, 1996.

27 Nov 2012

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 to an arbitral award dated 20 February 2009 passed by a s...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance of Redevelopment Agreement with Cooperative Society. Court holds that a developer cannot enforce an MoU and Development Agreement against a cooperative society when the society's general body has not validly passed a resolution under the Maharashtra Cooperative Societies Act, 1960, and the agreements are not binding on the society.

6 Nov 2012

The Plaintiffs, Mana Builders and Developers Pvt. Ltd. and others, filed a suit for specific performance of a Memorandum of Understanding (MoU) dated ...

High Court

High Court of Bombay Dismisses Union of India's Challenge to Arbitral Award in Railway Contract Dispute — Waiver and Estoppel Bind Railways to Pay for Additional Supplies. Court holds that directions to continue production beyond contractual variation limits and acceptance of supplies with 90% payment constitute waiver, precluding denial of payment under Section 34 of Arbitration and Conciliation Act, 1996.

18 Jan 2019

The Union of India (Petitioner) challenged an arbitral award passed by a sole arbitrator in a dispute arising out of a works contract for manufacture ...

High Court

Bombay High Court Dismisses Challenge to Partial Arbitral Award on Jurisdiction — Draft Joint Executing Agreement Held to be Concluded Contract with Valid Arbitration Clause. The court upheld the arbitral tribunal's finding that the JEA was a concluded contract and the arbitration agreement was valid, subsisting and binding.

10 Jan 2019

The petitioner, M3NERGY Sdn.Bhd., a Malaysian company, challenged a partial arbitral award passed by a three-member tribunal. The partial award dealt ...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Construction Contract Dispute — Upholds Claims for Reimbursement and Infructuous Expenses but Sets Aside Award for Loss of Profits as Unsupported by Evidence. The court held that loss of profits cannot be awarded without proof of actual loss and that the contractor failed to discharge its burden.

22 Jan 2019

The Municipal Corporation of Greater Bombay (MCGM) challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The di...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Holds That Arbitral Tribunal Erred in Rejecting Claims Without Proper Consideration of Contractual Provisions and Evidence. The court found that the tribunal's interpretation of the price variation clause, extra items, and compensation for delay was perverse and contrary to the plain language of the contract, warranting interference under Section 34 of the Arbitration and Conciliation Act, 1996.

17 Jan 2019

The petitioner, Chenab Bridge Project Undertaking, a joint venture contractor, was awarded a construction contract by the respondent, Konkan Railway C...

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