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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Specific Performance Suit — Appellant Failed to Show Sufficient Cause for Non-Appearance Despite Knowledge of Proceedings.

The appellant, Dipak Development Corporation, a partnership firm, filed an appeal against the order of the City Civil Court, Mumbai, dismissing its ap...

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Bombay High Court Allows Appointment of Arbitrator in Government Contract Dispute Under Section 11 of Arbitration and Conciliation Act, 1996. Dispute Arises from Contract for Construction Works at INS Hamla, and Court Appoints Sole Arbitrator to Adjudicate.

The applicant, M/s. Shanti Enterprises, a partnership firm engaged in construction, filed an application under Section 11 of the Arbitration and Conci...

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Bombay High Court Allows Withdrawal of Writ Petition with Liberty to File Fresh Petition in Municipal Corporation Property Dispute. Court permits petitioners to withdraw petition challenging demolition notice, reserving right to file fresh petition with proper pleadings.

The petitioners, Siesta Industrial & Trading Corporation, M/s JAJ Creations Impex Pvt. Ltd., and Paresh P. Parekh, filed a writ petition before the Bo...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

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Bombay High Court Upholds Industrial Tribunal Award Reinstating Contract Workers as Regular Employees of Gulf Air Company. Contract Labour System Found to be a Sham Designed to Avoid Liability Under Industrial Disputes Act, 1947.

The case involves two writ petitions arising from an award of the Industrial Tribunal dated 23rd May 2006 in Reference CGIT 20 of 2001. The Central Go...

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High Court of Karnataka Allows Appeal by KSFC Against Interim Order to Handover Possession of Seized Assets — Writ Appeal Maintainable Under Section 4 of Karnataka High Court Act, 1961 Against Interim Order in Writ Petition

The appellant, Branch Manager of Karnataka State Financial Corporation (KSFC), appealed against an interim order dated 12.05.2015 passed by a learned ...