Search Results for "patent illegality"

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Search Results for "patent illegality"

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High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Security Deposit Dispute. Court upholds arbitrator's finding that the amount was a refundable security deposit and not a loan, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

23 Jul 2019

The petitioners, A. S. Patel Trust and its trustees, challenged an arbitral award dated 12 October 2018 under Section 34 of the Arbitration and Concil...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Car Parking License Dispute. Clause 15 of License Agreement Permitted Change of Location Without Compensation, and No Evidence of Loss Was Found.

16 Apr 2019

The petitioner, Garuda Aviation Services Pvt. Ltd., was granted a license by the Airport Authority of India (AAI) to operate a car parking facility at...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Loan Recovery Dispute — Upholds Award of Rs. 3.01 Crore with 18% Interest. Court holds that the Arbitrator's findings on liability and interest rate are not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

4 Mar 2019

This judgment arises from a petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by Meenu Arora, Raj Kumar Arora, Ethics Exp...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Interest Rate Reduced from 18% to 12% per annum. Arbitrator's Award of Interest at 18% Held to be Excessive and Not in Accordance with Contractual Stipulation of 12% under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The case involves an arbitration petition filed by the Municipal Corporation of Greater Mumbai (Petitioner) challenging an arbitral award passed by a ...

High Court

Bombay High Court Sets Aside Arbitral Award for Patent Illegality — Arbitrator Erred in Holding Claims Non-Arbitrable for Lack of Notification Under GCC Not Incorporated in Subcontract. The court found that the arbitrator's conclusion that the General Conditions of Contract formed part of the subcontract was perverse and contrary to the clear terms of the subcontract documents.

5 Feb 2019

The case arises from a subcontract agreement between Khurana Constructions (petitioner/contractor) and IOT Infrastructure and Energy Services Ltd. (re...

High Court

Bombay High Court Upholds Arbitral Award in Insurance Dispute — Policy Exclusion for Wear and Tear Does Not Apply to Sudden Breakdown. The court held that the majority arbitrators' interpretation of the exclusion clause was plausible and not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

15 Feb 2019

The petitioner, United Phosphorous Limited, purchased a Gas Turbine Engine from GE and obtained an Industrial All Risk Policy from the respondent, Uni...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Dealership Dispute Over Supply of Spurious Bearings and Non-Delivery. Court Upholds Termination for Breach of Implied Warranty of Genuineness but Remits Damages for Non-Delivery for Reconsideration.

7 Feb 2019

The judgment concerns cross arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award arisin...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Construction Contract Dispute — Upholds Award on Compensation for Delay but Sets Aside Award of Interest on Mobilisation Advance. Arbitrator's findings on delay and compensation held plausible, but interest on mobilisation advance contrary to contract terms under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The case arises from a construction contract between the Municipal Corporation of Greater Mumbai (Petitioner) and S.N. Thakkar Construction Company Pr...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Loan Dispute — Limitation Period Runs from End of Loan Tenure When Creditor Has Option to Recall Loan on Default. The court held that the arbitrator's interpretation of the loan agreement, that cause of action arose at the end of tenure, was a possible view and not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

27 Feb 2019

The petitioner, Paresh Prakash Pavetekar, had taken a loan from the respondent, Phoenix ARC Pvt. Ltd., repayable in equated monthly installments over ...

High Court

Bombay High Court Sets Aside Arbitral Award for Patent Illegality in Rejecting Claims as Non-Arbitrable. Court holds that incorporation of general conditions of contract from main contract into subcontract must be explicit and clear, and that a clause requiring pre-arbitral notification cannot bar arbitration of claims not notified if the clause is not part of the subcontract.

5 Feb 2019

The case involves a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner, Khurana Constructio...

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