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High Court

Bombay High Court Sets Aside Arbitral Award for Patent Illegality — Arbitrator Erred in Holding Claims Non-Arbitrable for Lack of Notification Under GCC Not Incorporated in Subcontract. The court found that the arbitrator's conclusion that the General Conditions of Contract formed part of the subcontract was perverse and contrary to the clear terms of the subcontract documents.

5 Feb 2019

The case arises from a subcontract agreement between Khurana Constructions (petitioner/contractor) and IOT Infrastructure and Energy Services Ltd. (re...

High Court

Bombay High Court Sets Aside Arbitral Award for Patent Illegality in Rejecting Claims as Non-Arbitrable. Court holds that incorporation of general conditions of contract from main contract into subcontract must be explicit and clear, and that a clause requiring pre-arbitral notification cannot bar arbitration of claims not notified if the clause is not part of the subcontract.

5 Feb 2019

The case involves a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner, Khurana Constructio...

High Court

Bombay High Court Partially Allows Arbitration Petition Challenging Award in Construction Contract Dispute — Holds Arbitrator's Findings on Delay and Liquidated Damages Suffer from Patent Illegality and Perversity. The court set aside the award of liquidated damages under Section 34 of the Arbitration and Conciliation Act, 1996, finding that the arbitrator ignored the back to back nature of the contract and evidence that the respondent had been granted extension of time by the principal employer without levy of liquidated damages.

14 Dec 2018

The case involves an arbitration petition filed by Punj Lloyd Ltd. (petitioner) challenging an arbitral award dated 31 August 2012 passed by a sole ar...

High Court

Bombay High Court Dismisses Assessee's Claim for Weighted Deduction Under Section 35B of Income Tax Act — Subcontractor Not Entitled to Export Markets Development Allowance for Services Rendered to Indian Main Contractor. The court held that the assessee, as a subcontractor to an Indian company, did not incur expenditure for its own export business and thus could not claim weighted deduction under Section 35B.

13 Oct 2016

The case involves an income tax reference under Section 256(1) of the Income Tax Act, 1961, arising from the assessment year 1979-80. The assessee, Bo...

High Court

Bombay High Court Dismisses Petition by Domestic Bidder Challenging Contract Award to Foreign Company. Price Preference Claim Rejected for Non-Compliance with Bid Conditions.

19 Oct 2011

The Petitioner, Punj Lloyd Ltd., a domestic company, filed a writ petition under Article 226 of the Constitution challenging the award of a contract b...

High Court

Bombay High Court Dismisses Petition Challenging ONGC Contract Award. Consortium with Foreign Entity Not Entitled to Domestic Price Preference Under Tender Clause C5.

22 Dec 2010

The case involves a dispute over the award of a contract by Oil and Natural Gas Corporation Limited (ONGC) for six Well Head Platforms. ONGC invited b...

High Court

Bombay High Court Allows Appeal in MVAT Case — Repairs/Reconstruction Contracts Covered Under 'Construction Contracts' for Tax Rate Purposes. The Court held that the term 'construction contracts' in Section 42(3) of the MVAT Act read with Notification dated 30 November 2006 includes repairs/reconstruction of buildings, and the rate of tax is 5%.

25 Jul 2017

The appellant, Painterior (India), a registered partnership firm under the Maharashtra Value Added Tax Act, 2002 (MVAT Act), is engaged in the busines...

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...

High Court

Bombay High Court Dismisses Subcontractor's Petition to Restrain Invocation of Performance Bank Guarantee Under Section 9 of Arbitration Act. Bank Guarantee Held to Be an Independent Contract Between Bank and Beneficiary, Not Subject to Injunction Absent Fraud or Irreparable Injustice.

4 May 2012

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., a subcontractor, filed a petition under Section 9 of the Arbitration and Conciliation Ac...

Supreme Court

Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. The court allowed the petition after the petitioners paid stamp duty and penalty under the Karnataka Stamp Act, 1957, curing the defect in the unstamped Hotel Management Agreement containing the arbitration clause.

25 Jan 2022

The petition was filed under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, by Intercontinental Hotels Group...

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