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Bombay High Court Dismisses Challenge to Arbitral Award on Liquidated Damages in Construction Contract Dispute. Court Upholds Arbitrator's Finding of Delay and Quantification of Liquidated Damages Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, M/s B.E. Billimoria & Co. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging part of a...

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High Court of Bombay at Goa Dismisses Appeal Against Arbitral Award in Wagon Supply Dispute. Court upholds arbitrator's finding that appellant failed to prove force majeure and that respondent was entitled to refund of advance payment with interest.

The appellant, Titagarh Wagons Limited, entered into a purchase order dated 20.02.2006 with the respondent, Chowgule and Company Private Limited, for ...

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Supreme Court Allows Contractor's Appeal in ONGC Arbitration Dispute. Levy of Liquidated Damages Under Clause 2 of Contract Held Arbitrable, Not an Excepted Matter.

The Supreme Court of India heard two civil appeals arising from a judgment of the Delhi High Court Division Bench, which had set aside an arbitral awa...

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Supreme Court Allows Appeal Against Recovery of Liquidated Damages Pending Arbitral Adjudication. Recovery Proceedings Initiated Without Awaiting Outcome of Arbitral Tribunal Under Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 Are Unjustified.

The appellant, a proprietorship firm registered as a Class 'A' contractor, was awarded two contracts for construction and maintenance of rural roads u...

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Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...

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High Court of Bombay Dismisses MTNL's Challenge to Arbitral Award in Contract Dispute — Liquidated Damages and Risk Cost Recovery Set Aside. Termination of Contract Held Legal but Recovery of Liquidated Damages Without Proving Actual Loss and Risk Cost Expenses Without Proper Justification Set Aside.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, by Mahanagar Telephone Nigam Limited (MTNL), a public se...