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High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Tripartite Agreement Dispute Over Warehousing Charges — Handwritten Insertion of 'Per Month' Not Binding Without Consent. The court upheld the arbitrator's finding that the handwritten insertion was not part of the agreement and that the award was not contrary to public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

28 Jan 2014

The dispute arose from a tripartite agreement dated 18 May 2004 between Essar Oils Limited (Petitioner), Central Warehousing Corporation (Respondent N...

High Court

Bombay High Court Allows Petition Against Customs for Demurrage Charges Due to Delay in Assessment. Customs Department Directed to Bear Warehousing Charges for Inordinate Delay in Finalising Assessment of Imported Goods.

28 Oct 2005

The petitioner, Apollo Paper Mills Ltd., imported second-hand machinery from the UK in 1995 to set up a paper manufacturing unit in Gujarat, seeking c...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Warehousing Agreement Dispute — Licensee Not Entitled to Specific Performance or Injunction. Court upholds Arbitrator's finding that the agreement was a license, not a lease, and that claims for specific performance and injunction were barred under Sections 14 and 41(e) of the Specific Relief Act, 1963.

9 Apr 2013

The Petitioner, M/s. Thakker Warehousing Agency, a partnership firm, entered into a warehousing agreement with the Respondent, Maharashtra Small Scale...

High Court

Bombay High Court Dismisses Petitions Challenging Service Tax on Renting of Immovable Property for Warehousing and Storage. Levy of Service Tax Under Section 65(105)(zzzz) of Finance Act, 1994 on Renting of Immovable Property for Commercial Use is Valid and Constitutional.

30 Nov -0001

The petitioners, including Tulsidas Khimji Warehousing Pvt. Ltd. and others, filed writ petitions challenging the levy of service tax on renting of im...

High Court

Bombay High Court at Goa Quashes Corruption Case Against Customs Officers for Lack of Valid Sanction. Prosecution under Prevention of Corruption Act, 1988 and Indian Penal Code, 1860 fails as prior sanction under Section 197 CrPC and Section 19 of PC Act was mandatory for acts done in discharge of official duty.

29 Aug 2012

The petitioners, nine customs officers, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 and Article 226 of the Constitution...

High Court

High Court of Bombay Quashes Rejection of Tender Bid for Arbitrary Application of Experience Criterion. The Court held that the tender evaluation committee's interpretation of 'experience of handling and transportation of food grains' was unreasonable and that the petitioner's experience in handling similar commodities should have been considered.

7 Apr 2017

The petitioner, M/s. Joshi Freight Carriers, a proprietary concern, challenged a communication dated 09.09.2006 issued by the Central Warehousing Corp...

High Court

Bombay High Court Allows Writ Petition for Duplicate Warehouse Receipts Against Maharashtra State Warehousing Corporation. Refusal to Issue Duplicate Receipts on Ground That Originals Are Not Lost but in Possession of Third Party Is Arbitrary and Violative of Natural Justice.

5 Mar 2012

The petitioner, M/s. Ruchi Global Limited, purchased cotton bales from M/s. Baba Sai Corporation and deposited them in the warehouse of the Maharashtr...

High Court

Bombay High Court Dismisses Petition for Detention Certificate and Setting Aside of Auction in Customs Detention Case — Auction Upheld as Goods Were Not Cleared Despite Court Orders and Had Already Been Auctioned by Warehousing Corporation.

28 Apr 2005

The petitioners, M/s Santogen Silk Mills Ltd. and its shareholder, imported 41 second-hand Sulzer looms in March 1994. Prior to import, the customs de...

High Court

Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Improper Complaint by Constituted Attorney. Complaint under Section 138 NI Act fails as attorney lacked personal knowledge and power of attorney was not proved.

10 Dec 2015

The appellant, M/s. Amin Warehousing, a proprietary concern, filed a complaint through its constituted attorney against the respondent, Al Freight Int...

High Court

Bombay High Court Allows Suit for Recovery of Agency Fees Against State Trading Corporation — Contractual Obligation to Pay Clearing and Handling Charges Established. Plaintiff appointed as clearing agent under agreement dated 24.4.1969 for chemicals and fertilizers; defendant failed to pay dues despite services rendered.

19 Aug 2005

The plaintiff, C. N. Gandevia, a clearing, forwarding, and handling agent, filed Suit No. 323 of 1974 in the Bombay High Court against the State Tradi...

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