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  • Supreme Court Of India

    Hon'ble Judge(s) Hon'ble Judge(s): M. R. Shah, Krishna Murari

    Emaar India Ltd. v. Tarun Aggarwal Projects LLP

    D.O.D : 30/09/2022

    Appeal Allowed

    Arbitration and Conciliation Act (26 of 1996) , S.11— Appointment of arbitrator - Necessity to hold inquiry as to arbitrability of dispute - Dispute arising out of failure to comply with obligations under Addendum Agreement was not arbitrable as per contract between parties - Appointment of arbitrator without inquiring about arbitrability of dispute, improper - Matter remanded.

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  • Supreme Court Of India

    Hon'ble Judge(s) Hon'ble Judge(s): M. R. Shah, Krishna Murari

    Sanghi Industries Limited v. Ravin Cables Ltd.

    D.O.D : 30/09/2022

    Appeal Allowed

    Arbitration and Conciliation Act (26 of 1996) , S.9— Commercial Courts Act (4 of 2016) , S.10— Interim measures - To deposit amount of performance bank guarantees pertaining to purchase order - Commercial Court, directed appellant to deposit bank guarantees to secure amount in dispute - Bank guarantees were already invoked and amounts under respective bank guarantees already paid by bank, much prior to order of Commercial Court - No specific allegations leading to prima facie satisfaction of Court that appellant was likely to defeat award to be passed, by disposing of properties and/or in any other manner - There was very serious dispute as regards amount claimed by rival parties, to be adjudicated in arbitral proceedings - Order of Commercial Court directing appellant to deposit amount of performance bank guarantees, set aside.

    Civil P.C. (5 of 1908) , O.38 R.5— (Paras44.15)

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  • Supreme Court Of India

    Hon'ble Judge(s) Hon'ble Judge(s): M. R. Shah, Krishna Murari

    Fertilizers and Chemicals Travancore Ltd. v. Anusree K. B.

    D.O.D : 30/09/2022

    Appeal Allowed

    Constitution of India , Art.226— Compassionate appointment - Claim for - Rejection - Daughter of deceased employee seeking compassionate appointment after lapse of 24 years from death of deceased employee - Object of granting compassionate employment is to enable family to tide over sudden crisis - Object is not to give such family a post much less a post held by deceased - Rejection, proper.

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  • Supreme Court Of India

    Hon'ble Judge(s) Hon'ble Judge(s): B. R. Gavai, B. V. Nagarathna

    State Of Maharashtra v. Aspi Chinoy

    D.O.D : 30/09/2022

    Appeal Dismissed

    Maharashtra Land Revenue Code (41 of 1966) , S.40, S.52, S.71, S.295— Maharashtra Land Revenue (Disposal of Government Land) Rules (1971) , R.10— Disposal of land - Applicability of Resolutions - Allotment of plot in question was made on lease to builder after he was successful in bidding process - Builder constructed building on land - Thereafter flat purchasers formed Co-operative Society - Land was reclaimed land covered u/S. 295 - Land was not allotted to Co-operative Society - Subsequently Resolutions of 1983 and 1989, applicable to co-operative societies to whom government lands were sanctioned on concessional rates came into effect - Both Resolutions would not be applicable to members of such society - State was not entitled to claim premium as condition for permission to transfer flats.

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  • Supreme Court Of India

    Hon'ble Judge(s) Hon'ble Judge(s): M. R. Shah, Krishna Murari

    Airport Authority of India v. Centre for Aviation Policy, Safety and Research (CAPSR)

    D.O.D : 30/09/2022

    Appeal Allowed

    (A) Constitution of India , Art.226— Writ petition - Locus standi - Petitioner /Centre for Aviation Policy, Safety and Research (CAPSR) claiming to be a non-profit organisation filed writ petition challenging tender conditions in respective RFPs - None of Ground Handling Agencies (GHAs) who participated in tender process and/or could have participated in tender process challenged tender conditions - Petition was also not in nature of PIL - Petitioner being an NGO would not have any locus standi to maintain writ petition - Petitioner cannot be said to be "aggrieved party" - High Court erred in entertaining writ petition at instance of petitioner - Writ petition dismissed on ground of locus standi.

    (B) Constitution of India , Art.226— Tender - Tender conditions - Judicial scrutiny - Petitioner /Centre for Aviation Policy, Safety and Research (CAPSR) claiming to be a non-profit organisation challenging tender conditions in respective RFPs - AAI/tenderer explained rationale behind respective tender conditions - It was for AAI to decide its own terms and fix eligibility criteria - Respective clauses/conditions cannot be said to be arbitrary and/or mala fide and/or actuated by bias - Terms and conditions of Invitation to Tender were within domain of tenderer/tender making authority and were not open to judicial scrutiny, unless they were arbitrary, discriminatory or mala fide - Terms of Invitation to Tender were not open to judicial scrutiny, same being in realm of contract - Order of High Court setting aside eligibility criteria/tender conditions mentioned in respective RFPs, erroneous.

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