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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

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Bombay High Court Examines Jurisdiction of Customs Settlement Commission Under Sections 127A and 127B of the Customs Act, 1962 in Ten Writ Petitions. Whether Settlement Commission’s Authority Extends Beyond Short Levy Due to Misclassification to Cases Involving Fraud Is the Central Question.

The High Court of Judicature at Bombay heard ten writ petitions together, all involving a common legal question concerning the jurisdiction of the Set...

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Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

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Bombay High Court Allows Writ Petitions Against Revisionary Authority on Jurisdiction Ground. Cause of Action Arises at Place of Revisionary Authority's Office Under Article 226(2) of Constitution of India, Not Where Original Adjudication Order Was Passed.

The Bombay High Court dealt with a preliminary objection regarding the maintainability of six writ petitions challenging orders passed by the Revision...

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High Court of Gujarat Hears Appeal Against Rejection of Interim Injunction in Trademark Infringement and Passing Off Suit. The Court Examines Whether Trial Court Erred in Denying Interim Protection Despite Registered Device Mark and Alleged Joint Use of the 'Kshetrapal' Mark.

The dispute centered on the use of the trademark 'Shree Kshetrapal' / 'Kshetrapal Construction' by two individuals in the construction business in Guj...

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Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...