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High Court Appoints Arbitrator in Dispute Under Arbitration and Conciliation Act, 1996 After Previous Arbitrator's Withdrawal Due to Ill Health

The High Court of Bombay heard two commercial arbitration applications filed by Applicants seeking appointment of an arbitrator under Section 11 of th...

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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High Court of Bombay Dismisses Section 34 Petition Challenging Arbitral Award in Favor of Government of Israel in Commercial Lease Dispute. Arbitrator's Rejection of Set-Off and Counter-Claim as Time-Barred Upheld as Not Patently Illegal.

The petitioner, Earnest Business Services Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging...

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Bombay High Court Partially Allows PWD's Challenge to Arbitral Award in Road Construction Contract Dispute. Court Upholds Damages Beyond 1% Cap Due to Contractor's Abandonment but Reduces Interest Rate from 18% to 9% Simple.

The case arises from three arbitration petitions filed by the Public Works Department (PWD) of Maharashtra under Section 34 of the Arbitration and Con...

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Supreme Court Dismisses Appeal Against High Court's Finding of Waiver of Right to Object to Time Extension in Arbitration Proceedings. Held that Participation in Proceedings Without Insisting on Time Limit Constitutes Waiver of Right to Object to Extension of Time.

The appeal arises from a dispute between partners of a partnership firm (appellants) and a company (respondent) regarding an arbitration agreement dat...

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Bombay High Court Allows Application for Appointment of Arbitrator in Railway Contract Dispute. Arbitration Clause in Works Contract Enforced Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, a registered government contractor, was awarded a contract by the respondent, the General Manager of South Central Railway, for extensi...

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High Court of Bombay examines Official Liquidator’s report for declaration of sub-lease executed by lessee as void. The matter involves sub-lease of company property during pendency of winding up, with allegations of fabricated documents.

The matter concerns an Official Liquidator’s report filed in the winding up of Modi Stone Limited, seeking a declaration that a sub-lease dated 20 M...

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NOTICE OF MOTION NO. 443 OF 2012

The matter arises out of Suit No. 1512 of 2009 before the Bombay High Court, filed by Shapoorji Pallonji & Company Ltd. against Jignesh Shah, Aruna Sh...