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Search Results for "arbitral tribunal jurisdiction"

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High Court

Bombay High Court Upholds Arbitrator's Interim Injunction in Franchise Dispute Over Trademark Use. Negative Covenant in Franchise Agreement Restrains Use of Mark Containing 'Kamats' After Termination.

27 Jul 2017

The dispute arose out of a franchise agreement dated 24 March 2011 between Deepak Thorat (Petitioner) and Vidli Restaurant Ltd. (Respondent), with Vit...

High Court

High Court of Bombay Upholds Arbitral Award in Favor of Contractor in Railway Contract Dispute — Extension of Time Granted Without Protest Bars Claim for Liquidated Damages and Interest on Delayed Payments is Allowed Under Interest Act, 1978.

7 Apr 2015

The petitioner, Union of India, acting through the Chief Electrical Engineer (Construction), Central Railway, awarded a contract to the respondent, M/...

High Court

Bombay High Court Upholds Arbitral Award in Limitation Dispute Between Contractor and Municipal Corporation. Court holds that cause of action for arbitration arose on rejection of claim by Commissioner on 6th January 2000, not on earlier dates, and thus reference was within limitation.

10 Mar 2023

The case involves two appeals filed by M/s. R.N. Ghanekar & Co. (Appellant) and the Municipal Corporation of Greater Mumbai (Respondent) against a com...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Stay of Cancellation of Letter of Award in Tender Dispute. Court holds that disputes arising from pre-contractual stage are not arbitrable and interim relief under Section 9 cannot be granted when no arbitration agreement exists.

30 May 2019

The Petitioner, Provident Multi-Trading Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim reli...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Awards in Charter Party Disputes — Umpire's Appointment by Consent Valid, No Grounds for Setting Aside Award Under Section 34 of Arbitration and Conciliation Act, 1996. The court held that the umpire's appointment was with consent and the award was not liable to be set aside on grounds of error of law or fact.

2 Dec 2013

The case involves three appeals filed by the Union of India and the Food Corporation of India against orders of a learned Single Judge dismissing thei...

High Court

Madras High Court Dismisses Leave Petition by Third Party in Execution Proceedings — Third Party Has No Locus Standi to Challenge Execution Order. Petition for leave to file civil revision against execution order dismissed as not maintainable because petitioner was not a party to the decree or execution proceedings.

29 Apr 2026

The petitioner, M/s. Nandhini Agro Research Centre, a partnership firm represented by its partner Sri Rupesh Anand, filed CMP No. 4793 of 2026 seeking...

High Court

Bombay High Court Partially Allows Arbitration Petition Challenging Award in Construction Contract Dispute — Holds Arbitrator's Findings on Delay and Liquidated Damages Suffer from Patent Illegality and Perversity. The court set aside the award of liquidated damages under Section 34 of the Arbitration and Conciliation Act, 1996, finding that the arbitrator ignored the back to back nature of the contract and evidence that the respondent had been granted extension of time by the principal employer without levy of liquidated damages.

14 Dec 2018

The case involves an arbitration petition filed by Punj Lloyd Ltd. (petitioner) challenging an arbitral award dated 31 August 2012 passed by a sole ar...

High Court

Bombay High Court Allows NAFED's Chamber Summons for Return of Rs. 32 Crore Deposited in Suit, Dismisses Plaintiffs' Notice of Motion for Withdrawal. Court holds that NAFED is entitled to refund of deposit made under mistaken belief of liability, and plaintiffs cannot claim the amount as they have no decree or order in their favor.

13 Feb 2024

The judgment arises out of three applications in Suit No. 121 of 2014 pending before the Bombay High Court. The plaintiffs, L.J. Tanna Enterprises Pvt...

High Court

Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Insurance Claim Settlement — Issues of Arbitrability and Full and Final Settlement Raised. Insurer Contended That Dispute Was Non-Arbitrable Under Clause 13 and That Acceptance of Payment Constituted Full and Final Settlement Barring Further Claims.

13 Mar 2015

The matter pertained to an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by National Insurance Company Lim...

High Court

Bombay High Court Dismisses Appeal Against Order Holding Lack of Jurisdiction to Entertain Section 34 Petition Under Arbitration and Conciliation Act, 1996 — Lease Agreement's Arbitration Clause Referred to Arbitration Act, 1940, But Court Applies Section 2(4) of 1996 Act to Determine Jurisdiction Based on Seat of Arbitration.

26 Sep 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 23 January 2013, which held that the Bombay High Court had n...

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