Search Results for "force majeure"

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Patent Illegality Found. Arbitrator's Interpretation of Contractual Clauses Held Plausible and Not Open to Interference.

The petitioner, Jawaharlal Nehru Port Trust, challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, before the B...

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Bombay High Court Grants Interim Injunction in Shareholder Dispute — Restrains EGM and Share Transfers. Serious questions arise regarding validity of share transfers and removal of directors under Companies Act, 2013, warranting preservation of status quo.

The present interim application arises out of a commercial suit filed by Desai Hospitals Ventures LLP and another (plaintiffs) against DHI Global Hold...

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Bombay High Court Upholds Labour Court Order Declaring Transfer of Employees as Illegal Change Under Bombay Industrial Relations Act. Transfer from Polyester Department to Spurn Yarn Department Without Notice of Change Violates Section 42 Read with Schedule II Items 1,2,4,5 of BIR Act.

The petitioner, Indorama Synthetics (I) Ltd., filed a writ petition challenging the judgment and order dated 5 December 2006 passed by the Labour Cour...

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Bombay High Court Dismisses Anti-Suit Injunction Application in International Arbitration Enforcement Dispute. Court holds that Indian courts cannot restrain enforcement of foreign arbitration awards in New York when the award debtor has submitted to the jurisdiction of the foreign court.

The case involves a dispute between E-City Entertainment (I) Pvt. Ltd. (E-City), an Indian company part of the Essel Group, and Imax Corporation (IMAX...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Demurrage Dispute. Charter Party Agreement's Demurrage Clause Upheld as Petitioner Failed to Prove Excepted Perils.

The petitioner, Steel Authority of India Limited (SAIL), challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, ...

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Bombay High Court Allows Appellant to Invoke Bank Guarantee in Arbitration Dispute Over Supply Contract. Court Permits Receipt of Amount Subject to Undertaking to Repay with Interest at 12% per Annum if Arbitral Tribunal Orders.

The appellant, Rashtriya Chemicals & Fertilizers Ltd., a Government of India Undertaking, placed a purchase order on 8 November 2011 with the responde...

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Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Construction Contract Dispute. Court upholds single judge's refusal to set aside award under Section 34 of Arbitration and Conciliation Act, 1996, holding that findings of fact by arbitrator are not open to challenge.

The Union of India (appellant) had invited tenders for construction work, and Moti Enterprises (respondent) was the successful tenderer. The contract ...