Search Results for "section 34 Arbitration Act"

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Search Results for "section 34 Arbitration Act"

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Supreme Court

Supreme Court Allows Appeals of Housing Board Against High Court Order Directing Arbitration Tribunal to Entertain Fresh Claim Despite Prior Arbitral Award. Principle of Issue Estoppel and Finality of Award Under Arbitration Act, 1996 Applied.

26 Oct 2021

The case involves three civil appeals by the Madhya Pradesh Housing and Infrastructure Development Board against a common judgment of the Madhya Prade...

High Court

Bombay High Court Allows Execution of Arbitral Award Despite Challenge Under Section 34 — Court Holds It Has Jurisdiction as Court Which Passed Decree Under Section 38 CPC. The court clarified that territorial jurisdiction for execution is determined by the court that passed the decree, not the location of the judgment debtor's residence or properties.

30 Jan 2015

The applicant, L&T Finance Limited, obtained an arbitral award against M/s. Seven Hills Construction and others. The applicant filed an execution appl...

High Court

High Court of Karnataka Dismisses Revision Petitions Against Rejection of Plaint in Arbitration-Related Suits. Court holds that bar under Section 5 of the Arbitration Act does not apply to suits challenging arbitral awards on grounds of fraud and jurisdictional error.

23 May 2023

The case involves two civil revision petitions filed by M/s. Associated Constructions, a partnership firm, against the Executive Engineer of the Karna...

High Court

Bombay High Court Allows Appeal by Defence Estate Officer in Arbitration Delay Case — Section 14 of Limitation Act Applicable to Section 34 Applications. The court held that time spent in pursuing remedy before wrong forum is liable to be excluded under Section 14, and the delay of few days in filing application under Section 34 of Arbitration and Conciliation Act, 1996 was condonable.

20 Aug 2013

The case involves a Letters Patent Appeal filed by the Defence Estate Officer, Mumbai Circle, against the judgment of a Single Judge of the Bombay Hig...

High Court

Bombay High Court Allows Appeal in Arbitration Delay Case — Section 14 of Limitation Act Applicable to Section 34 Applications. Supreme Court Precedent in Consolidated Engineering Enterprises v. Principal Secretary, Irrigation Department Held Binding, District Judge's Order Condoning Delay Restored.

20 Aug 2013

The case involves a Letters Patent Appeal filed by the Defence Estate Officer against the judgment of a learned Single Judge of the Bombay High Court....

High Court

Bombay High Court Allows Transfer of Section 34 Applications Under Arbitration Act from District Court to High Court for Consolidated Hearing. Transfer Ordered Under Section 24 CPC to Avoid Multiplicity of Proceedings and Conflicting Decisions in Arbitration Matters.

15 Mar 2013

The applicant, Atlanta Limited, a public limited company, filed this application under Section 24 of the Code of Civil Procedure, 1908 seeking transfe...

High Court

High Court of Karnataka Dismisses Appeal in Arbitration Matter — Appeal Against Order Under Section 34 of Arbitration Act Not Maintainable Under Commercial Courts Act. The court held that the remedy of appeal against an order under Section 34 of the Arbitration and Conciliation Act, 1996 lies under Section 37 of that Act, and not under Section 13(1) of the Commercial Courts Act, 2015.

11 Feb 2021

The case involves an appeal filed under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts A...

High Court

Bombay High Court Allows Exclusion of 1854 Days for Filing Challenge to MSME Award Due to Bona Fide Prosecution in Wrong Forum and COVID-19. Period from 5 April 2017 to 1 November 2022 excluded under Section 14 of Limitation Act, 1963 read with Section 34(3) of Arbitration and Conciliation Act, 1996.

20 Dec 2023

The applicant, Bharat Electronics Limited, filed an Interim Application seeking exclusion of 1854 days from 5 April 2017 to 1 November 2022 for comput...

Supreme Court

Supreme Court Dismisses Appellant in Arbitration Act, 1940 Case — Property Preservation by Civil Court Permissible When Arbitral Extension Order Under Challenge. Civil Court in Madhya Pradesh Rightfully Appointed Receiver as Jurisdiction of Subordinate Judge, Delhi Was Disputed, Allowing Suit to Proceed Without Stay Under Section 34, Arbitration Act, 1940.

19 Aug 1969

Background: The appellant and the respondent were partners carrying on business at three locations—Pipiliya in Madhya Pradesh, Bombay, and Nagpur. D...

High Court

Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Insurance Claim Settlement — Issues of Arbitrability and Full and Final Settlement Raised. Insurer Contended That Dispute Was Non-Arbitrable Under Clause 13 and That Acceptance of Payment Constituted Full and Final Settlement Barring Further Claims.

13 Mar 2015

The matter pertained to an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by National Insurance Company Lim...

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