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Search Results for "Arbitration petition"

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Supreme Court

Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Time-Barred Claims and Legal Misconduct — Award Set Aside by Lower Courts Restored. The Court held that the arbitrator had jurisdiction to decide limitation and contractual issues, and the award was not vitiated by legal misconduct under the Indian Arbitration Act, 1940.

22 Aug 2023

The case involves a dispute arising from a road construction contract awarded in 1983 by the Government of Maharashtra Irrigation Department to M/s S....

High Court

Bombay High Court Allows Appointment of Arbitrator Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Prior Termination of Arbitral Mandate. Court Holds That Right to Seek Appointment Is Not Extinguished by Termination Where Dispute Remains Unresolved.

31 Mar 2023

The applicant, M/s. Strongwell Construction Company, a partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation ...

High Court

Bombay High Court Allows Appointment of Arbitrator in Development Agreement Dispute — Existence of Dispute is for Arbitrator to Decide. Court holds that under Section 11(6) of the Arbitration and Conciliation Act, 1996, the court's role is limited to examining the prima facie existence of an arbitration agreement, not the merits of the dispute.

1 Jul 2016

The petitioners filed two arbitration petitions under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator...

High Court

High Court Appoints Arbitrator in Contract Dispute Despite Respondent's Plea of Full and Final Settlement. Alleged Undertaking Under Economic Duress and Coercion Found to Be Not Conclusive of Settlement, Arbitration Agreement Exists Under Clause 96 of Contract.

12 Oct 2017

The applicant, a sole proprietor carrying on business as a turnkey contractor, was awarded a contract by the respondent Slum Rehabilitation Authority ...

High Court

Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Railway Construction Contract Dispute. Court Upholds Arbitrator's Award of Compensation for Underutilization of Resources Due to Railway's Delays.

23 Dec 2005

The Union of India, representing the South-East-Central Railway, appealed against an order of the District Judge, Nagpur, refusing to set aside an arb...

High Court

Bombay High Court Dismisses Restoration Petition in Arbitration Matter Due to Inordinate Delay. Delay of 382 days in seeking restoration of arbitration petition dismissed for non-compliance of office objections not condoned as arbitration proceedings require expeditious disposal under Section 34 of the Arbitration and Conciliation Act, 1996.

7 Feb 2014

The case involves a Notice of Motion filed by the applicant (Mukti Films and its proprietor) seeking condonation of a 382-day delay in taking out a mo...

High Court

Bombay High Court Dismisses Amendment Application in Arbitration Challenge Due to Delay and Lack of Diligence. Petitioner Failed to Explain 17-Month Delay in Seeking to Add New Ground Under Section 34 of Arbitration and Conciliation Act, 1996.

31 Jan 2017

The Petitioner, Zee Sports Limited (now Zee Digital Convergence Ltd.), filed a Chamber Summons seeking amendment to its Arbitration Petition under Sec...

High Court

Bombay High Court Allows Writ Petition to Quash SARFAESI Act Notices and Orders Against Guarantors Due to Lack of Proper Service and Non-Compliance with Section 13(2) Requirements. The court held that proper service of notice under Section 13(2) of the SARFAESI Act is mandatory before taking possession under Section 13(4), and failure to prove service renders the entire action invalid.

17 Mar 2016

The petitioners, Shivabassappa I. Kankanwadi and his wife Sushila S. Kankanwadi, filed a writ petition before the Bombay High Court at Goa challenging...

High Court

Bombay High Court Dismisses Winding Up Petitions Against Respondent — Disputed Debt and Bona Fide Defence Preclude Admission. The court held that a winding up petition under Sections 433 and 434 of the Companies Act, 1956 cannot be admitted when the debt is bona fide disputed and the company has a substantial defence, as the remedy is not for recovery of debt but for insolvency.

6 Jun 2017

The petitioner,  filed two winding up petitions under Sections 433 and 434 of the Companies Act, 1956 against Respondent., seeking winding up on ...

High Court

Bombay High Court Allows Winding Up Petition to Proceed Despite Pending Arbitration — Arbitration Not a Bar to Section 439 Companies Act Proceedings. Company Court directed to consider winding up petition on its own merits, as arbitration proceedings do not bar winding up under Section 439 of the Companies Act, 1956.

29 Jan 2016

The appellant, M/s. Corporate Ispat Alloys Ltd., filed a winding up petition under Section 439 of the Companies Act, 1956 against the respondent, M/s....

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