Search Results for "Overhead Loss"

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Search Results for "Overhead Loss"

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High Court

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.

15 Jun 2026

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

High Court

High Court of Bombay at Aurangabad Dismisses Appeal by State Authority Against Arbitral Award in Favor of Contractor for Repair of Minor Irrigation Tanks. Court upholds award of interest and costs under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, finding no patent illegality or perversity in the arbitrator's findings.

29 Jan 2026

The present Commercial Arbitration Appeal was filed by the Appellants (Chief Engineer and Chief Administrator, Command Area Development Authority, Aur...

Supreme Court

Supreme Court Dismisses Appeal Against Grant of Transmission Licence Without TBCB in HVDC Project. Section 63 of Electricity Act, 2003 is an alternative route; regulatory commission has discretion to adopt regulated tariff mechanism for transmission projects.

18 Feb 2022

The case involves a challenge by Tata Power Company Limited Transmission (TPC-T) against the grant of a transmission licence by the Maharashtra Electr...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Interest Rate Reduced from 18% to 12% per annum. Arbitrator's Award of Interest at 18% Held to be Excessive and Not in Accordance with Contractual Stipulation of 12% under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The case involves an arbitration petition filed by the Municipal Corporation of Greater Mumbai (Petitioner) challenging an arbitral award passed by a ...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Construction Contract Dispute — Upholds Award on Compensation for Delay but Sets Aside Award of Interest on Mobilisation Advance. Arbitrator's findings on delay and compensation held plausible, but interest on mobilisation advance contrary to contract terms under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The case arises from a construction contract between the Municipal Corporation of Greater Mumbai (Petitioner) and S.N. Thakkar Construction Company Pr...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Constructive Total Loss of Hydraulic Excavator Entitles Insured to Full Sum Insured Without Deduction for Underinsurance or Depreciation Applied at Renewal. The Court held that the insurer cannot apply underinsurance or double depreciation when the sum insured was fixed by the insurer at renewal without a fresh proposal form.

1 Feb 2019

The appellant, Sumit Kumar Saha, purchased a Volvo Hydraulic Excavator on 27.03.2007 for Rs.51,74,000/- and insured it with the respondent, Reliance G...

High Court

Bombay High Court Partially Upholds Setting Aside of Arbitral Award for Overhead Losses and Loss of Profit Claims Based on Hudson's Formula Without Proof of Actual Loss. The court held that an arbitral award granting overhead losses and loss of profit without evidence of actual loss is patently illegal and contrary to public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

3 Jan 2013

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against a judgment of a Learned Single Judge dated 11 Nove...

High Court

Bombay High Court Upholds Arbitral Award in Favor of Contractor in Naval Project Dispute — No Interference Under Section 34 of Arbitration Act as Findings Are Plausible and Not Perverse. The court held that the arbitrator's findings on delays, hindrances, and quantum were based on evidence and not open to challenge under Section 34.

20 Oct 2012

The Union of India, through the Director General, Naval Project (MB), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996,...

High Court

High Court of Bombay Sets Aside Arbitral Award for Extra Overhead Expenses in Railway Contract Dispute — Clause 17(3) Bars Damages for Delay. The court held that the Arbitral Tribunal's award of compensation for delay was contrary to the express terms of the contract and the mutual shortclosure agreement.

21 Jan 2011

The case involves a challenge by the Union of India (Petitioner) against an arbitral award dated 20th February 2007 passed by an Arbitral Tribunal in ...

High Court

Bombay High Court Allows Landowner's Compensation Claim Under Indian Telegraph Act for Tree Removal by Electricity Board - Maintainability of Application Under Section 16(3) Upheld. The court held that Section 16(3) of the Indian Telegraph Act, 1885 applies to electricity boards for compensation for tree removal, and the District Judge has jurisdiction to decide such application.

8 Dec 2005

The case involves two writ petitions. The first writ petition was filed by Sau. Kalpana Rukhabdas Jain, a landowner, challenging the order dated 25.1....

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