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Search Results for "performance security deposit"

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High Court

High Court of Karnataka Allows Commercial Appeal in Part, Sets Aside Trial Court's Rejection of Rent Arrears Claim in Eviction Suit. The court held that the claim for arrears of rent from 01.04.2000 to 30.11.2021 was not barred by limitation as the tenancy continued and the suit was filed within three years from termination.

19 Dec 2025

The appellants, Smt. Sarojamma and others, filed a commercial suit (Com.O.S.No.124/2023) before the LXXXVII Additional City Civil and Sessions Judge, ...

Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

High Court

Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Release of Goods Withheld by Warehousing Service Provider. Court directs release of goods upon payment of admitted storage charges, holding that a bailee cannot retain goods for disputed amounts beyond the contract.

23 Mar 2023

The Petitioner, Direct Logistics and Export Co. Ltd., a Hong Kong-based trading and logistics company, entered into a Service Agreement dated 21.06.20...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Work Order in Tender Dispute — Additional Performance Security Furnished Within Time. Court holds that submission of additional performance security on the third working day was within the prescribed period of two working days as per Clause 2.22.0, and minor discrepancies in documents did not warrant disqualification.

25 Mar 2022

The petitioner, M/s. V.N.Reddy, a government contractor, challenged the issuance of a work order dated 07.05.2021 by the Executive Engineer, Lower War...

Supreme Court

Supreme Court Dismisses Appeal in Contract Dispute Over Tender Terms and Recovery of Differential Contract Value. The Court upheld the High Court's finding that absence of formal contract execution precluded invocation of general terms for recovery, distinguishing between condition precedent and subsequent in contract formation under Indian Contract Act, 1872.

23 Jul 2021

The dispute arose from a tender floated by South Eastern Coalfields Ltd. for hiring equipment and related work. The respondent was the successful bidd...

High Court

Bombay High Court Allows Writ Petition Challenging Cancellation of Tender Award in Public Works Contract. Court holds that once a tender is accepted and performance security deposited, the contract is concluded and cannot be unilaterally cancelled without valid reasons.

5 Feb 2021

The petitioner, M/s. Tirupati Construction, a proprietorship firm, participated in an e-tender issued by the Chief Executive Officer, Zilla Parishad, ...

High Court

High Court of Bombay Dismisses Section 34 Petition Challenging Arbitral Award in Favor of Government of Israel in Commercial Lease Dispute. Arbitrator's Rejection of Set-Off and Counter-Claim as Time-Barred Upheld as Not Patently Illegal.

6 Sep 2019

The petitioner, Earnest Business Services Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

13 Aug 2019

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

High Court

Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

9 Jan 2017

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...

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