INTERIM APPLICATION NO.1767 OF 2020...
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Bombay High Court
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High Court
Bombay High Court Dismisses Appeal in Property Ownership Dispute — Fails to Prove Sole Ownership and Adverse Possession. Court upholds trial court's finding that appellant failed to establish exclusive title and that suit was barred by limitation under Article 65 of Limitation Act, 1963....
The case involves a property dispute between the appellant, Namdeo Gangaram Mandalkar (since deceased, represented by his heirs), and the respondent, Manjula Pandurang Maladkar. The appellant filed S....
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High Court
Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Commercial Dispute — Petition Barred by Limitation and No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court held that the arbitral tribunal's findings on contractual interpretation and quantum were plausible and not perverse, and the petition was barred by limitation....
The petitioner, National Co-operative Consumer’s Federation of India Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award dated 30/...
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High Court
High Court of Bombay Allows Bank of India's Petition for Appointment of Arbitrator in Loan Dispute. Dispute Referred to Arbitration Despite Respondent's Claim of Non-Signatory Status, with Jurisdictional Issue Left to Arbitrator....
The judgment arises from a petition filed by Bank of India under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to resolve disputes arising out of a loa...
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High Court
Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Grounds for Interference Established. Court Held That the Arbitral Tribunal's Findings Were Based on Evidence and Not Perverse, and the Petition Was Barred by Limitation....
The petitioner, Jawaharlal Nehru Port Trust, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award dated 22/12/2016 passed in favour of the res...
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High Court
Bombay High Court Considers Section 11 Application for Appointment of Arbitrator Under Escrow Agreement; Dosti Group Opposes Citing Abandonment of Arbitration. Dispute Arises from Non-Payment of Purchase Consideration Under Share Purchase Agreement, with Kotharis Alleging Concealment of Tenant Consents and Claiming Release of Escrowed Sun Pharma Shares....
This matter involved a commercial arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed by the Kotharis seeking appointment of an arbitral tribunal to adjudicate d...
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High Court
Bombay High Court Dismisses Petition Challenging Arbitral Award in Share Purchase Agreement Dispute. Court upholds award of damages for breach of contract, finding no patent illegality or conflict with public policy under Section 34 of the Arbitration and Conciliation Act, 1996....
The petitioner, Sonoma Management Partners Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated June 6, 2024. The dispute aro...
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High Court
Bombay High Court Allows Appointment of Arbitrator in Development Agreement Dispute — Arbitration Clause Survives Termination. Court held that under Section 11(6) of Arbitration and Conciliation Act, 1996, the arbitration clause is independent and survives termination of the underlying contract, and appointed a sole arbitrator when respondents failed to appoint one....
The applicant, Vardhaman Builders, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator to resolve disputes arising from a Developme...
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High Court
High Court of Bombay Adjudicates Section 34 Petition Against Partial Award on Existence of JEA. The petition challenges an arbitral tribunal's finding that an initialled but unsigned JEA was a valid contract containing an arbitration agreement under Section 7 of the Arbitration Act....
The petition arose out of a partial arbitral award dated January 9, 2014, passed under Section 16 of the Arbitration and Conciliation Act, 1996, which held that a Joint Executing Agreement (JEA) initi...
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High Court
High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80....
The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust registered under the Bombay Public Trusts Act, 1950 as a...
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