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High Court Dismisses Petition Challenging Arbitral Award in Construction Contract Dispute. Arbitrator's rejection of escalation claim due to absence of escalation clause upheld as not patently illegal under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, M/s. Gulraj Engineering Construction Co., a registered partnership firm, challenged an arbitral award dated 14 January 2009 passed by...

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Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Interest on Delayed Payment. The court examined entitlement to interest under Clause 60.8 of the contract and validity of alleged waiver through communications, referencing arbitration provisions and contract law principles.

The dispute arose from a contract awarded by the State of Kerala to the appellants for highway upgradation, executed on 7 November 2002. The appellant...

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Madras High Court Allows Appeal in Commercial Dispute Over Berth Reservation Agreement — Restores Arbitral Award. Court Holds That Arbitral Tribunal's Findings on Limitation and Merits Were Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

The appellant, M/s.X-Press Container Lines (UK) Ltd., entered into a Berth Reservation Agreement with the respondent, the Board of Trustees of the Por...

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Supreme Court Allows Appeal in Bond Redemption Dispute, Upholding Defendant's Compliance with RBI Directives. Interest on Delayed Payment Not Payable Due to Regulatory Embargo and Pending Liquidation Proceedings Under Companies Act, 1956.

The dispute arose from a suit filed by M/s. SIBCO Investment Pvt Ltd against Small Industries Development Bank of India seeking interest on alleged be...

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High Court Quashes FIR Against Bank Officials and BGR Energy Executives in Bank Guarantee Dispute -- No Criminal Intent Found in Commercial Transaction Under IPC Sections 420, 403, 406, 418, 425, 427 read with 34

The High Court quashed an FIR registered against bank officials and company executives alleging criminal offences in connection with bank guarantee tr...

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Bombay High Court Directs MIDC to Recalculate Water Charges for Industrial Unit Considering Water Used as Raw Material. Court Holds That Water Charges Must Be Based on Actual Consumption and Not Arbitrary Rates, and That Delayed Payment Charges Cannot Be Levied Without Proper Adjudication.

The Petitioner, Zawar Sales Limited, a small-scale industry engaged in manufacturing, filed a writ petition seeking a direction to the Maharashtra Ind...

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Bombay High Court Allows Writ Petition Challenging Electricity Disconnection of Sick Industrial Company. Government's Communication to MSEDCL to Disconnect Supply Set Aside as Violative of Natural Justice and Contrary to BIFR Directions.

The petitioner, Goradia Special Steels Ltd., a company incorporated under the Companies Act 1956, is a sick industrial company registered with the Boa...

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Supreme Court Dismisses Appeal in Duty Drawback Interest Case, Upholding High Court's Award of Interest for Delayed Refund. Clarificatory Circulars Under Exim Policy Have Retrospective Effect, Making Contractor Eligible for Duty Drawback and Interest Under Sections 27A and 75A of Customs Act, 1962.

The dispute arose from the respondent's claim for duty drawback under the deemed export scheme for civil construction work in the Koyna Hydro Electric...