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Search Results for "Section 11"

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High Court

Bombay High Court Allows Section 11 Application and Appoints Arbitrator in Commercial Dispute Over Termination of Procurement Agreement. Pre-Arbitral Negotiation Clause Held Not Mandatory Condition Precedent Under Section 11 of the Arbitration and Conciliation Act, 1996.

10 Apr 2019

This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 filed by Tech Mahindra Ltd. against Tata Communications Transfor...

High Court

Bombay High Court Allows Appeal in Land Acquisition Case — Unsigned Award Declared Invalid. An award under Section 11 of the Land Acquisition Act, 1894 must be signed by the officer; death of officer before signing renders award a nullity and land does not vest under Section 16.

15 Mar 2019

The case involves a second appeal by the original plaintiffs (appellants) against the judgment of the District Court, Thane, which reversed the trial ...

High Court

Bombay High Court Allows Section 11 Applications in International Commercial Arbitration — Habitual Residence Determined at Time of Agreement. Applicant Residing in UAE at Time of Agreement Held to be Habitually Resident Outside India Under Section 2(1)(f)(i) of Arbitration and Conciliation Act, 1996.

22 Feb 2019

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

High Court

Bombay High Court Allows Section 11 Application in International Commercial Arbitration — Holds Applicant Habitually Resident in UAE. Interpretation of 'habitually resident' under Section 2(1)(f)(i) of the Arbitration and Conciliation Act, 1996 determines that an Indian national residing in UAE for employment is habitually resident there, making the arbitration international commercial arbitration.

22 Feb 2019

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

High Court

High Court of Bombay at Aurangabad Allows Appeal in Land Acquisition Compensation Case — Nominal Compensation of Rs.1 Set Aside. Market Value of Rs.6,417/sq.m. Awarded with Statutory Benefits Under Land Acquisition Act, 1894.

5 Feb 2019

The appellant, Sadashiv Madhav Shelke, owned land Survey No.3/27 bearing City Survey No.908 admeasuring 258.18 sq. meters at Shirdi, Maharashtra. The ...

High Court

Bombay High Court Dismisses Application for Appointment of Arbitrator in Development Dispute — No Valid Arbitration Agreement Exists as Alleged Agreement Was Never Finalized or Executed by Both Parties.

27 Nov 2012

The applicant, G.A. Builders Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment...

High Court

Bombay High Court Dismisses Arbitration Petition for Lack of Jurisdiction in Construction Dispute. Court at Ratnagiri, where cause of action arose, has exclusive jurisdiction under Section 2(e) of the Arbitration and Conciliation Act, 1996 to entertain Section 34 petition.

29 Oct 2012

The petitioner, Premlaxmi And Co., filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

High Court

Bombay High Court Dismisses Arbitration Petition for Lack of Jurisdiction — Cause of Action at Ratnagiri Confers Jurisdiction on District Court, Not High Court. Filing of Section 11 application before High Court does not confer jurisdiction under Section 42 for Section 34 petition; the court where cause of action arises under Section 2(e) has exclusive jurisdiction.

29 Oct 2012

The petitioner, Premlaxmi And Co., filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 in the Bombay High Cou...

High Court

Bombay High Court Allows Recall of Interim Order in Arbitration Dispute Over Termination of Concession Agreement — Petitioner Granted Relief to Appoint Independent Arbitrator. The Court held that an ex parte interim order passed without hearing the Petitioner and in ignorance of bias objection to the named arbitrator must be recalled, and the matter remitted for fresh consideration under Section 9 and Section 11 of the Arbitration and Conciliation Act, 1996.

24 Sep 2012

The Petitioner, M/s. Nagpur Sical Gupta Road Terminal Limited, a joint venture company, entered into a Concession Agreement dated 20 April 2007 with t...

High Court

Bombay High Court Allows Appeal Against Rejection of Section 9 Application and Appoints Arbitrator in Iron Ore Sale Dispute. The court held that the Section 9 application was within limitation and appointed a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

17 Aug 2012

The appellant, M/s Shree Mallikarjun Shipping Pvt. Ltd., entered into a contract dated 25.2.2008 with the respondent, M/s Balaji Logistics Carriers, f...

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