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High Court

Bombay High Court Partially Upholds Arbitral Award in Railway Contract Dispute — Interest Rate Reduced from 18% to 9%. The court held that the arbitrator's award did not violate public policy but reduced the interest rate as excessive under Section 34 of the Arbitration and Conciliation Act, 1996.

20 Apr 2015

The petitioner, Union of India, challenged an arbitral award dated 8 October 2010 under Section 34 of the Arbitration and Conciliation Act, 1996. The ...

High Court

Bombay High Court Dismisses Appeal for Recovery of Fishing Rights Compensation Due to Lack of Evidence of Loss. Agreement for fishing rights at sluice gates did not confer exclusive rights, and plaintiff failed to prove actual loss from alleged breach.

9 Sep 2014

The appellant, originally Orlando Dias and later his widow Maria Fausta Dias, filed a first appeal against the judgment and decree dated 29/10/2005 of...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Specific Performance Dispute. Court upholds arbitrator's discretion to deny specific performance and award damages instead, finding no grounds for interference under Section 34 of the Arbitration and Conciliation Act, 1996.

27 Aug 2014

The petitioner, Rolta India Ltd., challenged an arbitral award dated 8th December, 2010 under Section 34 of the Arbitration and Conciliation Act, 1996...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Advertising Agency Dispute — Retainer Fee Clause Interpreted as Monthly Payment Obligation. The court upheld the Arbitrator's finding that the Petitioner was liable to pay monthly retainer fees and fees during the notice period under the Company/Agency Agreement.

20 Jan 2014

The Petitioner, Maxx Moblink Pvt. Ltd., a company in the business of marketing and trading mobile phones, entered into a Company/Agency Agreement date...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award Upholding Termination of LPG Distributorship for Misconduct. The court held that the appellant failed to prove absence of gross misconduct and that the arbitrator's findings were not perverse under Section 34 of the Arbitration and Conciliation Act, 1996.

12 Dec 2013

The appellant, a distributor of Indane Gas under an agreement dated 29th February 2001 with the respondent Indian Oil Corporation Ltd., was alleged to...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Time-Barred Counterclaim in Arbitration. Limitation for Counterclaim Runs from Date of Termination of Contract, Not from Subsequent Correspondence.

16 Aug 2013

The appeal arose from an order dated 1 October 2012 passed by a learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996, d...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Cooperative Bank Dispute — Upholds Tribunal's Finding That Petitioner Was Not Entitled to Be Heard Before Enquiry Report Was Tabled. The court held that the principles of natural justice were not violated as the petitioner was given an opportunity to respond after the report was placed before the Board.

5 Feb 2013

The petitioner, Nazim H. Kazi, was a member of the respondent, Kokan Mercantile Cooperative Bank Ltd., since 1986 and served as its Chairman from 25th...

High Court

High Court of Bombay at Goa Dismisses Appeal Against Arbitral Award in Construction Contract Dispute. Court holds that arbitrators are not bound to give reasons for each item of claim and that the award is not liable to be set aside for non-speaking nature under the Arbitration Act, 1940.

18 Jul 2006

The appellant, Board of Trustees of Port of Mormugao, a body corporate under the Major Port Trusts Act, 1963, entered into a contract dated 12/10/1985...

High Court

Bombay High Court Enforces Foreign Arbitral Awards in Charter Party Freight Dispute — Public Policy Objection Rejected. The court held that the expression 'public policy' under Section 48(2)(b) of the Arbitration & Conciliation Act, 1996 is to be narrowly construed and does not include mere errors of law or fact, and that the respondent had received proper notice of the arbitration.

14 Mar 2005

The petitioner, Curzon Maritime Ltd., a company organized under the laws of the United Kingdom, was the disponent owner of the vessel SHIKOKU PRIDE. T...

High Court

Bombay High Court Allows Appeal in Part in Flat Purchase Dispute — Earnest Money Refund with Daily Fine and Compound Interest Upheld but Reduced. Clause 4 of Agreement for Construction and Sale Held to Be a Valid Forfeiture Clause, Not a Penalty, Under Section 74 of the Indian Contract Act, 1872.

9 Mar 2005

The plaintiff, Dr. Jagdish J.N. Counte, entered into a written agreement dated 13.4.96 with the defendant, M/s. Carl Estate Private Limited, for the p...

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