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Bombay High Court Dismisses Judgment Debtor's Challenge to Execution of Arbitral Award on Ground of Non-Receipt of Signed Copy Under Section 31(5) of Arbitration and Conciliation Act, 1996. Receipt of Certified Copy by Post Satisfies Section 31(5) and Award Becomes Enforceable Under Section 36(1).

The petitioner, Rahul S/o Omprakash Gandhi, filed four writ petitions (W.P. Nos. 6091/2022, 6092/2022, 6093/2022, and 6094/2022) challenging the execu...

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Bombay High Court Upholds Relegation to Arbitration in Contract Dispute — Arbitration Clause in Annexure to Agreement Held Binding. Section 8 of Arbitration and Conciliation Act, 1996 applied to refer parties to arbitration despite dispute over existence of arbitration clause.

The petitioner, M/s. Arihant Agrotech, a partnership firm, entered into an agreement dated 29/6/2008 with the respondents, Birla Cotsyn (I) Limited, f...

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Bombay High Court Dismisses Appeal Against Ad-Interim Injunction in Arbitration Matter — No Irreparable Harm Shown. Court declines to interfere with interim order restraining redevelopment pending final hearing of arbitration petition under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, Middle Income Group Cooperative Society Limited, filed an appeal against an ad-interim order dated 29th March 2010 passed by a learned ...

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Bombay High Court Dismisses Amendment Application in Arbitration Challenge Due to Delay and Lack of Diligence. Petitioner Failed to Show Justification for Incorporating New Ground 17 Months After Filing Petition Under Section 34 of Arbitration and Conciliation Act, 1996.

The case involves a Chamber Summons filed by Zee Sports Limited (now Zee Digital Convergence Ltd.) seeking amendment to its Arbitration Petition chall...

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Bombay High Court Allows Appeal Under Section 37(2)(b) of Arbitration Act Against Arbitrator's Order Rejecting Interim Relief — Holds That Arbitrator Must Consider Prima Facie Case, Balance of Convenience, and Irreparable Loss Before Refusing Interim Injunction.

The appellant, Spice Digital Ltd., filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, challenging an order dated 16...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Construction Dispute. Court upholds arbitrator's findings on limitation and quantum under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 to an arbitral award dated 20 February 2009 passed by a s...

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Bombay High Court Hears Appeals Against Orders in Section 9 Applications for Injunction in Water Supply Project Dispute. Court Examines Whether Injunction Preventing Contract Termination Amounts to Impermissible Specific Performance Under Specific Relief Act, 1963.

The matter involved two arbitration appeals arising from interim applications under Section 9 of the Arbitration and Conciliation Act, 1996. The dispu...

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Supreme Court Reinstates Arbitral Award and Dismisses High Court's Interference in Arbitration Appeal. High Court Exceeded Jurisdiction Under Section 37 of Arbitration and Conciliation Act, 1996 by Re-appreciating Evidence and Entering into Merits of Claim, Contrary to Limited Scope of Appellate Review.

The dispute originated from a contract between Haryana Tourism Limited (Corporation) and a respondent company for supply of aerated cold drinks at tou...

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High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property.

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession...