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Bombay High Court Adjudicates Application for Enforcement of Scheme in Sanghi Motors (Bombay) Limited. Scheme formulated under Sections 397, 398, 402 of Companies Act, 1956 involves transfer of oxygen undertaking assets and cylinders.

The matter pertains to Company Application No.328 of 1990 arising out of Company Petition No.128 of 1985, filed before the High Court of Judicature at...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Holds that BSA governed by Benin law with foreign seat cannot be brought under Part I of Arbitration Act, and issue estoppel applies due to dismissal of anti-arbitration injunction.

The Supreme Court dismissed an arbitration petition filed by Balaji Steel Trade under Section 11(6) of the Arbitration and Conciliation Act, 1996, see...

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Bombay High Court Dismisses Municipal Council's Appeal Against Decree in Terms of Arbitral Award in Octroi Collection Dispute. Court Holds That Objections Under Section 30 of Arbitration Act, 1940 Cannot Be Raised After Award Is Made Rule of Court.

The appellant, Ambernath Municipal Council, a body corporate under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, ...

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Bombay High Court Considers Appeal Under Section 37 Against Interim Order Under Section 9 in Property Development Arbitration. The Impugned Order Granted Conditional Relief Including Injunction and Appointment of Receiver Pending Arbitration.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 read with Clause 15 of the Letters Patent challenged an order passed by a le...

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Bombay High Court Dismisses Petition Challenging Tender Process for Coal Supply. The court held that the evaluation committee's decision to open price bids was within its discretion and not vitiated by mala fides.

The petitioners, Knowledge Infrastructure Systems Private Limited and its director, challenged a tender process issued by Maharashtra Power Generation...

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Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

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Bombay High Court Dismisses PIL Challenging Award of Container Terminal Contract to PSA International. Court holds that the petitioner failed to establish any public interest or mala fides in the tender process for the 4th Container Terminal at JNPT.

The petitioner, Mandar Narhari Parab, claiming to be a journalist, filed a Public Interest Litigation (PIL) in the Bombay High Court challenging the d...

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High Court Examines Review Petition Against Order Directing Appointment of Teacher; Emphasizes Limited Scope of Review. Management Argued Error Apparent on Record as Teacher Allegedly Not Full-Time and Post Reserved, but Court Recalls Review Not Appeal and Error Must Be Self-Evident.

The review application arose from a writ petition filed by a teacher seeking regularization as Lecturer in English. The High Court had earlier allowed...