Search Results for "escalation claims"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "escalation claims"

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High Court

Bombay High Court Allows Contractor's Suit for Recovery of Unpaid Amounts and Interest in Construction Contract Dispute. Holds that Delayed Payments Attract Interest Under Section 61 of the Indian Contract Act, 1872, and Excess Recovery from Mobilisation Advance Must Be Refunded.

28 Jun 2021

The plaintiff, M/s Ajay Deep Construction Pvt. Ltd., filed a suit against the Maharashtra State Police Housing & Welfare Corporation Ltd. for recovery...

Supreme Court

Supreme Court Restores Arbitral Award in Coal Supply Dispute, Upholds Plausible Contract Interpretation. High Court Exceeded Section 37 Jurisdiction by Substituting Its Own Construction of Coal Mining and Delivery Agreement.

27 May 2019

The dispute arose from a Coal Mining and Delivery Agreement (CMDA) executed on 16.07.2008 between Parsa Kente Collieries Limited (appellant) and Rajas...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Awards in HPCL LPG Cylinder Supply Disputes — No Patent Illegality Found in Arbitrator's Interpretation of Contractual Terms. The court upheld the Single Judge's dismissal of objections under Section 34 of the Arbitration and Conciliation Act, 1996, as the arbitrator's view was plausible and not patently illegal.

16 Mar 2019

The judgment involves a batch of appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996, challenging orders passed by a Single J...

High Court

Bombay High Court Delivers Common Judgment on Cross Appeals Against Order Partly Setting Aside Arbitral Award in BOT Contract Dispute. The Court examines whether the Single Judge correctly assessed claims arising from a Build-Operate-Transfer road project, considering the State's argument on suppressed Office Note and extension of toll collection period.

4 May 2018

These appeals arise out of a common order of a single Judge of the High Court dated 12 February 2015 in three arbitration petitions challenging an arb...

High Court

Bombay High Court Upholds Arbitral Award in Price Escalation Dispute Under FIDIC Contracts — Formula Interpretation Not Permissible When Language Is Clear. Court holds that a price escalation formula in a contract, being a mathematical expression, cannot be interpreted or varied by an arbitrator if its terms are unambiguous.

31 Mar 2017

The judgment concerns two arbitration petitions arising from contracts between the Municipal Corporation of Greater Mumbai and two contractors, M/s. A...

High Court

Bombay High Court Considers Section 34 Petition to Set Aside Arbitral Award for Jurisdictional Excess and Violation of Natural Justice. Petitioner Alleges Arbitrator Entertained Claims Beyond Scope of Reference and Relied on Unproved Certificates, Rendering Award Patently Illegal.

20 Oct 2016

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 arose from a construction dispute between Country Club (India) Ltd...

High Court

High Court of Karnataka Partly Allows Second Appeal in Land Acquisition, Enhances Compensation to Rs.3,00,000/- Per Acre Based on 10% Escalation. Interest Under Section 34 of the Land Acquisition Act, 1894 Held Payable Only From Date of Award, Following Supreme Court Precedent in Karigowda.

17 Feb 2016

The case arose from the acquisition of agricultural lands in Mugabasava village, Bailhongal taluk, Belgaum District, for the Malaprabha Reservoir Proj...

High Court

Bombay High Court Partially Upholds Arbitral Award in Railway Contract Dispute — Interest Rate Reduced from 18% to 9%. The court held that the arbitrator's award did not violate public policy but reduced the interest rate as excessive under Section 34 of the Arbitration and Conciliation Act, 1996.

20 Apr 2015

The petitioner, Union of India, challenged an arbitral award dated 8 October 2010 under Section 34 of the Arbitration and Conciliation Act, 1996. The ...

High Court

Bombay High Court Partially Allows Contractor's Petition and Dismisses State's Petitions in BOT Contract Dispute — Extension of Concession Period and Damages for Suspension of Toll Collection Upheld. The court upheld the arbitral tribunal's interpretation of the BOT contract regarding extension of concession period and damages, finding no error apparent on the face of the award under Section 30 of the Arbitration Act, 1940.

12 Feb 2015

The judgment concerns three arbitration petitions arising from two arbitral awards under the Arbitration Act, 1940, relating to a Build, Operate and T...

High Court

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.

7 Sep 2012

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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