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Bombay High Court Dismisses Arbitration Application in Development Agreement Dispute Due to Novation Extinguishing Arbitration Clause. Deed of Novation Substituted Original Agreement Without Arbitration Clause, No Prima Facie Arbitration Agreement Exists Between Applicant and Respondents.

The applicant, M/s. Mukesh Patel and Ors., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of...

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Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commercial Arbitration Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no patent illegality or conflict with public policy.

The petitioner, Ramakrishnan Krishnan, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award ...

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Bombay High Court Allows Petitioner's Petition for Extension of Bank Guarantee Pending Challenge to Arbitral Award — Section 9 of Arbitration and Conciliation Act, 1996. Post-award interim protection can be granted under Section 9 to preserve the subject matter of arbitration pending challenge to award.

The petitioner, Oil and Natural Gas Corporation Limited (ONGC), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seekin...

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Bombay High Court Upholds Amendment of Plaint to Implead Subsequent Purchaser in Specific Performance Suit. Subsequent Purchaser Claiming Under Vendor is a Necessary Party and No Prejudice is Caused by Impleadment.

The appeal arose from an order of a Learned Single Judge allowing a Chamber Summons for amendment of the plaint in a suit for specific performance. Th...

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High Court of Bombay examines Official Liquidator’s report for declaration of sub-lease executed by lessee as void. The matter involves sub-lease of company property during pendency of winding up, with allegations of fabricated documents.

The matter concerns an Official Liquidator’s report filed in the winding up of Modi Stone Limited, seeking a declaration that a sub-lease dated 20 M...

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Bombay High Court Dismisses Petition Challenging Municipal Commissioner's Order on Building Proposal Validity — Held That Commissioner's Decision Under Section 351 of the Mumbai Municipal Corporation Act, 1888 Is Final and Not Subject to Judicial Review on Merits.

The petitioner, M/s Mahendra Builders, a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging an order d...