Search Results for "Settlement"

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Search Results for "Settlement"

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High Court

High Court Dismisses Petition Challenging Arbitral Award in Intermediary Fee Dispute. Court upholds award directing payment of success fee under mandate agreement for introduction of investor.

23 Jan 2015

The petitioner, Airex Logistics Express Services P. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Case — Appellate Court Erred in Modifying Decree Without Cross-Appeal. Order of Refund of Earnest Money Restored as Appellate Court Could Not Set Aside Relief Granted to Plaintiff in Absence of Cross-Objection Under Order 41 Rule 22 CPC.

5 Feb 2015

The appellant, Ghodganga Sakhar Karkhana, a registered cooperative society, filed a suit for specific performance of an agreement dated 12 August 1991...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Commodity Brokerage Dispute — Upholds Tribunal's Finding That Broker Failed to Prove Client's Liability. Member Client Agreement and Running Account Basis Did Not Shift Burden of Proof to Client Under Section 34 of Arbitration and Conciliation Act, 1996.

16 Apr 2015

The petitioner, Bonanza Commodities Brokers Pvt. Ltd., a member of Multi Commodity Exchange of India Ltd. (MCX), filed a petition under Section 34 of ...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Injunction Against Sale of Property in Arbitration Dispute — No Prima Facie Case for Interim Relief as Disputed Claims Require Full Trial. The court held that the petitioner failed to establish a prima facie case or balance of convenience for interim injunction under Section 9 of the Arbitration and Conciliation Act, 1996, as the claims for unpaid bills and extra work were disputed and the property was not specifically linked to the contract.

21 Aug 2015

The petitioner, Acron Developers Private Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reli...

High Court

Bombay High Court Allows Employer's Appeal in Unfair Labour Practice Case, Holding Unrecognised Union Cannot Maintain Complaint Under MRTU & PULP Act. The court ruled that only a recognised union has locus standi to file a complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 for items 5 and 9 of Schedule IV.

18 Dec 2015

The case involves an appeal by Ballarpur Industries Limited (appellant) against the judgment of a learned Single Judge of the Bombay High Court, which...

High Court

Bombay High Court Allows Winding Up Petition to Proceed Despite Pending Arbitration — Arbitration Does Not Bar Winding Up Proceedings Under Section 439 of Companies Act, 1956. The Court held that winding up proceedings are independent of arbitration and the Company Court must consider the petition on its merits without postponement due to arbitration.

29 Jan 2016

The appellant, M/s. Corporate Ispat Alloys Ltd., filed a winding up petition under Section 439 of the Companies Act, 1956 against the respondent, M/s....

High Court

Bombay High Court Allows Winding Up Petition to Proceed Despite Pending Arbitration — Arbitration Not a Bar to Section 439 Companies Act Proceedings. Company Court directed to consider winding up petition on its own merits, as arbitration proceedings do not bar winding up under Section 439 of the Companies Act, 1956.

29 Jan 2016

The appellant, M/s. Corporate Ispat Alloys Ltd., filed a winding up petition under Section 439 of the Companies Act, 1956 against the respondent, M/s....

High Court

Bombay High Court Terminates Arbitrator's Mandate for Failure to Pass Award Within Statutory Time Limit Under Section 29A of Arbitration Act. Court Appoints Substitute Arbitrator After Original Arbitrator Failed to Conclude Proceedings Despite Multiple Extensions.

16 Jun 2016

The petitioner, M/s. Madhav Structural Engineers Limited, filed a petition under Section 14 of the Arbitration and Conciliation Act, 1996 seeking term...

High Court

Bombay High Court Allows Appeal in Probate Caveat Case — Real Brother Has Caveatable Interest as Creditor and Under Family Settlement. Section 284 of Indian Succession Act, 1925 interpreted to include persons with slight interest in estate.

26 Jul 2016

The case involves an appeal against an order of a learned single Judge of the Bombay High Court dismissing a caveat filed by the appellant, Purushotta...

High Court

Bombay High Court Allows Appeals of Shop Purchasers Against Rejection of Interim Injunction in Builder-Buyer Dispute. Agreement for Sale of Shop Premises Under Maharashtra Ownership Flats Act, 1963 Creates a Charge on the Property, Entitling Purchaser to Injunction Restraining Builder from Alienating or Creating Third Party Rights.

6 Sep 2016

The appeals arise from a common order dated 28.06.2016 passed by the City Civil Court, Mumbai, rejecting the Notice of Motion filed by the appellants ...

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