Search Results for "Arbitral Tribunal Jurisdiction"

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Search Results for "Arbitral Tribunal Jurisdiction"

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High Court

Bombay High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Net Delay Compensation Concept Not Permissible Under Contract. The Court held that the Arbitrator's approach of awarding compensation based on 'net delay' was contrary to the express terms of the contract and remanded the counterclaim for fresh adjudication.

26 Jun 2012

The judgment concerns two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, arising from a construction contract d...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Hire Purchase Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Found to be Patently Illegal or Contrary to Public Policy. The court upheld the arbitral tribunal's award of Rs. 23,00,000/- with interest at 18% per annum, finding no error in the tribunal's interpretation of the hire purchase agreement or assessment of damages.

24 Aug 2016

The petitioner, Aidek Tourism Services Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbi...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Broker Dispute — No Interference Under Section 34 of Arbitration and Conciliation Act, 1996 as Award Not Found to be Patently Illegal or Perverse.

2 Aug 2012

The petitioner, Sunil Keshav Rane, challenged an arbitral award dated 28 April 2009 passed by an arbitrator under the Byelaws, Rules and Regulations o...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Construction Contract Dispute — Upholds Claims for Reimbursement and Infructuous Expenses but Sets Aside Award for Loss of Profits as Unsupported by Evidence. The court held that loss of profits cannot be awarded without proof of actual loss and that the contractor failed to discharge its burden.

22 Jan 2019

The Municipal Corporation of Greater Bombay (MCGM) challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The di...

High Court

Madras High Court Allows Writ of Mandamus to Delete Arbitral Award Entry from Encumbrance Register — Registration Authorities Directed to Remove Unauthorized Encumbrance Without Adjudication of Title. Sub-Registrar Cannot Enter Arbitral Award in Encumbrance Register Without Court Decree Under Registration Act, 1908.

2 Jan 2025

The petitioner, Jamal, owned property bearing S.No.330/3B, measuring 1 hectare, 43 ares and 5.0 sq.mtr, situated at Narippur Village, Kadaladi Taluk, ...

High Court

Bombay High Court Dismisses Contempt Petition for Alleged Willful Disobedience of Interim Orders in Arbitration Dispute. Court holds that orders were not sufficiently clear and specific to warrant contempt proceedings, and the remedy lies in execution.

30 Jul 2019

The petitioner, Sri Sai Krishna Constructions, filed a contempt petition alleging willful disobedience of two orders passed by the Bombay High Court i...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 34 Petition as Time-Barred, Confirms Arbitral Award. Limitation for Filing Section 34 Petition Runs from Date of Receipt of Award, Not from Date of Filing of Wrong Remedy.

4 May 2016

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order of a learned Single Judge of the Bomb...

High Court

Bombay High Court Partially Allows Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996 — Arbitral Award Set Aside for Non-Consideration of Vital Evidence and Lack of Reasons. Court holds that failure to consider crucial documents and lack of reasons on material issues renders award patently illegal and liable to be set aside.

7 Apr 2015

The petitioner, Mithalal B. Gurjar, sole proprietor of M/s. Maya Construction Co., was awarded a contract by the Union of India (respondent no.1) on 3...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Transportation Contract Dispute — Unilateral Rate Reduction Not Basis for Invoking Performance Bank Guarantees. Contractor's Refusal to Execute Work Orders Held Justified When Principal Unjustifiably Withheld Agreed Freight Rates Under Clause 3.3 of Contract.

21 Apr 2015

The petitioner, a transport contractor, entered into a contract with the respondent Oil & Natural Gas Corporation Ltd. for transportation of materials...

High Court

High Court Dismisses Challenge to Arbitration Award in LPG Cylinder Supply Dispute — Price Variation Clause Not Applicable Without Written Request. Court upholds arbitrator's interpretation that purchase order prices were firm and no increase was permissible without prior written request under the contract.

27 Apr 2012

The Petitioner, BTP Structural (I) Pvt. Ltd., a manufacturer of LPG cylinders, challenged an Arbitral Award dated 21 October 2009 under Section 34 of ...

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