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Supreme Court Hears Appeal Against Bombay High Court Order Directing Grant of Amenity TDR for Garden Development. High Court Allowed Writ Petition Challenging BMC's Denial of TDR and Directed Grant of Additional Amenity TDR Under Section 126 of MRTP Act.

The dispute centers on the entitlement to additional amenity Transferable Development Rights (TDR) for a garden developed on land reserved for a publi...

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Bombay High Court Allows Petition of Supplier Against Western Coalfields Limited for Withholding Admitted Dues. Withholding of Payment Based on Vigilance Report Without Hearing Violates Natural Justice.

The petitioner, Sujyoti India (P) Limited, a private limited company and authorized distributor of SKF India Limited, entered into a rate contract wit...

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Supreme Court Allows Appeal in Arbitration Appointment Dispute — CMD's Ineligibility to Act as Arbitrator Renders Appointment Void Ab Initio. Express Agreement in Writing Under Section 12(5) Proviso Must Be Post-Dispute and Cannot Be Inferred from Pre-Dispute Conduct.

The Supreme Court allowed the appeals filed by Bharat Broadband Network Limited (BBNL) against the judgment of the Delhi High Court, which had rejecte...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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High Court of Bombay Decides Commercial Arbitration Petition under Section 9, Arbitration and Conciliation Act, 1996. The petition sought appointment of a Court Receiver to take possession of property in a commercial dispute.

The petitioner, SJK Buildcon LLP, filed a commercial arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996 before the Hig...

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Bombay High Court Allows Writ Petition Challenging Rejection of SVLDRS Declaration Due to Procedural Irregularity. Rule 6(2) proviso requiring pre-deposit of 50% of disputed tax before filing declaration under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 read down as directory, not mandatory.

The petitioner, Nabeel Construction Pvt. Ltd., engaged in construction services, was subjected to an investigation by the Directorate General of GST I...

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Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

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Supreme Court Upholds Arbitral Award in Contract Dispute Over 'Change in Law' Clause — High Court Exceeded Jurisdiction Under Section 37 of Arbitration Act. Interpretation of contractual clause by Arbitral Tribunal was plausible and not perverse, hence not liable to be set aside under Section 34.

The Supreme Court allowed the appeal filed by South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) against the judgment of the Gauh...