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Search Results for "reference to arbitration"

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Supreme Court

Supreme Court Allows Appeal in Arbitration Reference Case — Licence Agreement Contained Valid Arbitration Clause for Disputes Arising from Termination and Recovery of Possession. The Court held that the arbitration clause survived termination and that the Commercial Court erred in refusing reference under Section 8 of the Arbitration and Conciliation Act, 1996.

23 Apr 2023

The Supreme Court considered appeals against a common judgment of the Gujarat High Court dismissing First Appeals filed by the appellant against order...

Supreme Court

Supreme Court Allows Appeals in Arbitration Reference Dispute Between Brothers Over Partnership Properties. Court holds that Section 8 of the Arbitration and Conciliation Act, 1996 requires the court to refer parties to arbitration if the subject matter of the suit is covered by an arbitration agreement, regardless of whether the suit is for injunction.

1 Jan 2023

The appeals arose from a judgment of a Single Judge of the High Court of Punjab and Haryana dated 1 August 2017, which had set aside orders of the Civ...

Supreme Court

Supreme Court Allows MTNL's Appeal Against Arbitration Order in Bond Dispute with Canara Bank. The Court held that arbitration proceedings cannot continue without a written arbitration agreement and without the consent of all necessary parties, specifically CANFINA.

8 Aug 2019

The case involves a dispute between Mahanagar Telephone Nigam Ltd. (MTNL) and Canara Bank regarding bonds issued by MTNL. In 1992, MTNL floated bonds ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Reference Dispute — Compromise Decree Bars Invocation of Arbitration Clause. Held that once a suit is decreed on compromise, the arbitration clause cannot be invoked for the same dispute, and the subsequent money suit based on the compromise is not covered by the arbitration agreement.

30 Jul 2019

The appellant, Zenith Drugs & Allied Agencies Pvt. Ltd., was appointed as a clearing and forwarding agent by M/s Rhone Poulene India Limited (RPIL) un...

High Court

Bombay High Court Allows Civil Revision Application in Arbitration Reference Case — Contract Contained Arbitration Clause, Court Erred in Rejecting Section 8 Application. Dispute arose from a logistical services contract dated 01/10/2010; the trial court's rejection of the defendant's application under Section 8 of the Arbitration and Conciliation Act, 1996 was set aside as the arbitration clause was valid and enforceable.

31 Aug 2015

The case involves a Civil Revision Application filed by Sesa Sterlite Limited (formerly Sterlite Industries (India) Ltd.) against M/s. BLR Logistiks (...

High Court

Bombay High Court Allows Petition to Refer Parties to Arbitration in Commercial Dispute Over Unpaid Goods. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement, as Parties Acted on Purchase Orders Containing Arbitration Clause.

26 Aug 2015

The petitioners, Sai Wardha Power Ltd. and its directors, were original defendants in a civil suit filed by the respondent, M/s. Goyal Dhatu Udyog Pvt...

High Court

High Court of Bombay Dismisses BSNL's Petition Challenging Facilitation Council's Jurisdiction Under MSMED Act — Arbitration Agreement Not Barred by Section 18 of MSMED Act. The court held that the Micro, Small and Medium Enterprises Development Act, 2006, being a special statute, overrides the arbitration agreement between the parties, and the Facilitation Council has jurisdiction to refer the dispute to arbitration.

31 Mar 2015

The petitioner, Bharat Sanchar Nigam Ltd. (BSNL), a Central Public Sector Enterprise, entered into agreements with respondent No. 2, M/s. People Infoc...

High Court

Bombay High Court Allows Petition Against Reference to Arbitration Where Non-Signatory Defendants Are Involved — Suit Not Barred Under Section 8 of Arbitration and Conciliation Act, 1996. Court holds that when reliefs are sought against parties not bound by arbitration agreement, civil court retains jurisdiction to entertain the suit.

5 Feb 2014

The petitioner, Mukesh Chandrashekhar Kumaran, filed a Regular Civil Suit No. 451/2013 before the 4th Joint Civil Judge, Junior Division, Nagpur, seek...

High Court

Bombay High Court Allows Arbitration Petition Under Section 20 of Arbitration Act, 1940 — Dispute Over Price Variation Clause in Construction Contract Referred to Arbitrator. The court held that the dispute regarding the interpretation of Clause 13.6 of the contract is arbitrable and directed reference to arbitration.

14 Dec 2006

The Hindustan Construction Co. Ltd. (plaintiff) filed an Arbitration Suit under Section 20 of the Arbitration Act, 1940, seeking reference of disputes...

High Court

Bombay High Court Allows Writ Petition Against Civil Court Order Refusing Reference to Arbitration in Dealership Dispute. Arbitration Clause in Agreement Mandates Reference Under Section 8 of Arbitration and Conciliation Act, 1996.

12 Apr 2006

The case involves a dispute between Hindustan Petroleum Corporation Ltd. (HPCL) and its dealer, M/s. Parshwa Auto Center. HPCL had issued a show-cause...

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