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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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Madras High Court Considers Appeal Against Order Setting Aside Arbitral Award in Berth Reservation Dispute. Court Examines Whether the Claim Was Barred by Limitation and Whether the Award Was Patently Illegal Under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

The judgment of the Madras High Court in OSA (CAD) No. 39 of 2021 involved an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, a...

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Supreme Court Allows Appeals by DISCOMs and Generating Companies in Electricity Tariff Dispute — Change in Law Compensation for Coal Shortfall Must Be Computed Based on Actual GCV and SHR as per PPAs.

The judgment involves two civil appeals concerning the determination of compensatory tariff for Change in Law events under long-term Power Purchase Ag...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

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ARBITRATION PETITION NO.1543 OF 2014

The matter arose from a stock trading dispute between Keynote Capitals Ltd. (a trading member of the National Stock Exchange) and Eco Recycling Ltd. (...

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Bombay High Court Dismisses Winding Up Petition in Power Supply Dispute Due to Bona Fide Dispute. Debt under Section 433(e) of Companies Act, 1956 not recoverable via winding up when substantial defense exists.

The petitioner, Vedanta Limited, filed a company petition seeking winding up of the respondent, Global Energy Private Limited, under Section 433(e) of...

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High Court of Bombay Dismisses Petitions Challenging Arbitral Award in Stock Broker Dispute. Court Upholds Arbitral Tribunal's Findings of Fact and Rejects Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns multiple arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral awa...

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Bombay High Court Dismisses Writ Petition Seeking Mandamus for Insurance Compensation for Crop Loss Due to Pest Attack. Court holds that pest attack is not an insured peril under the Crop Insurance Scheme and that the petitioner failed to establish any legal duty or right to claim compensation.

The petitioner, Libaraj s/o Tulshiram Tikle, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurang...

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Bombay High Court Dismisses Petitions Challenging Transfer of Employees from Municipal Corporation to State Government. Transfer of employees under Section 451 of Mumbai Municipal Corporation Act, 1888 held valid as in public interest and for better administration.

The judgment involves multiple writ petitions filed by employees of the Brihanmumbai Municipal Corporation (BMC) challenging their transfer to the Sta...