Search Results for "claim repudiation"

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Bombay High Court Enforces Foreign Arbitral Award in Favour of Assignee Under Part II of Arbitration and Conciliation Act, 1996. Assignment of Contractual Rights and Arbitration Agreement Valid Under Sudanese Law; Respondent's Public Policy Challenge Rejected.

The petitioner, Neilan International Co Ltd, a Sudanese company, sought enforcement of a foreign arbitral award dated 27 September 2018 passed by the ...

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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Contract Dispute Over Shipment Date. Minor Deviation from Contract Date Does Not Render Award Perverse Under Section 34 of Arbitration and Conciliation Act, 1996.

The appeal arose from a judgment of a Learned Single Judge dismissing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, chall...

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Gujarat High Court Dismisses Writ Petition Challenging National Commission Order in Medical Insurance Claim Dispute. Policy Exclusion Clause for Pre-Existing Disease Upheld as Complainant Failed to Disclose Medical History.

The petitioner, Gunvantbhai Bhogilal Shah, along with his wife, availed a Group Medical Insurance Scheme from United India Insurance Co. Ltd. (respond...

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Bombay High Court Considers Revision Against Trial Court's Refusal to Reject Plaint in Specific Performance Suit. The Key Issue Was Whether 'Sauda Chitthi' and Extension Document Amounted to Concluded Contract or Mere Agreement to Agree Under Order VII Rule 11 of CPC.

The matter concerned two civil revision applications filed before the High Court of Judicature at Bombay, Nagpur Bench, challenging a common order dat...

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Bombay High Court Pronounces Verdict in Arbitration Petition Challenging Award That Set Aside Termination of Oil Terminal Operations Contract. Petition Under Section 34 of Arbitration Act Alleges Award is Patently Illegal as Arbitrator Disregarded Contract Terms and Misinterpreted Safety Audit Report.

The dispute arose from an Operating and Services Agreement (OSA) dated 5 May 2015 between HPCL and Aegis for management, operation and maintenance of ...

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Bombay High Court Hears Chamber Summons Filed by Defendant for Return of Plaint in Suit for Damages Under Lease Agreement. Application Seeks Transfer to Chennai Court Citing Exclusive Jurisdiction Clause; Court Also Considers Limitation and Cause of Action.

The matter pertained to a chamber summons filed by the defendant in a suit for damages. The defendant, Integrated Finance Co. Ltd., sought return of t...

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High Court of Karnataka Dismisses Appeal by Mysore Minerals Limited in Arbitration Challenge — Rejects Reappreciation of Evidence Under Section 34. Court holds that arbitral tribunal's interpretation of contract terms is final and not perverse, affirming dismissal of petition to set aside award.

The appellant, Mysore Minerals Limited (MML), a government undertaking engaged in mineral extraction and export, issued a tender notice on 18.5.1995 i...

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Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide.

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 s...