Search Results for "arbitral tribunal jurisdiction"

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Commercial Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no patent illegality or perversity in the arbitrator's findings.

The petitioner, Rajuram Sawaji Purohit, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to set a...

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Bombay High Court Quashes MSEFC Award for Lack of Jurisdiction Over Buyer Outside Maharashtra. Territorial Jurisdiction of Facilitation Council Under Section 18 of MSMED Act, 2006 Cannot Extend to Buyers Located Outside Its Territorial Limits.

The petitioner, Gujarat State Petronet Ltd., a company incorporated under the Companies Act, 1956 with its registered office in Gandhinagar, Gujarat, ...

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Bombay High Court Allows Summary Suit Against Principal Borrower Despite Moratorium Against Guarantors Under IBC. The court permitted the plaintiff to proceed only against defendant no.1 (principal borrower) while reserving rights against guarantors under moratorium.

The plaintiff, IL & FS Financial Services Limited, filed a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908 to recover ...

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Supreme Court Quashes NCLT Approval and NCLAT Judgment in Bhushan Power CIRP, Remands for Fresh Resolution Plan. Approved Plan Set Aside Due to Inordinate Delay, Illegal Extension Clause, Waterfall Violation, and Non-Compliance with IBC Provisions Including Sections 30, 31, and 53.

The Supreme Court adjudicated a batch of civil appeals under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) challenging the approval of ...

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Supreme Court Transfers Section 34 Petitions to Delhi High Court Following Designation of Seat of Arbitration as New Delhi. The Court held that once the seat of arbitration is designated, only courts where the seat is located have exclusive jurisdiction under the Arbitration and Conciliation Act, 1996.

The Supreme Court dealt with multiple transfer petitions and a civil appeal arising from orders passed by the Additional District Judge-cum-Presiding ...

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Bombay High Court Allows Section 9 Petition for Interim Relief in Family Settlement Dispute. Court grants status quo order to protect assets pending arbitration under family settlement agreement.

The petitioner, Mukesh J. Shah, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pe...

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Bombay High Court Allows Appointment of Arbitrator in Commodity Exchange Dispute. Arbitration clause in agreement between stock exchange and metal exchange provides for reference of disputes to arbitration under the Arbitration and Conciliation Act, 1996.

The applicant, National Commodity and Derivatives Exchange Ltd. (NCDEL), a stock exchange, filed an application under Section 11 of the Arbitration an...

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Bombay High Court Allows Substitution of Arbitrator in Sports Contract Disputes Under Sections 11 and 15(2) of Arbitration Act. Arbitrator's failure to render award within statutory period and subsequent resignation justified substitution despite respondent's objection.

The judgment concerns a group of arbitration applications filed under Section 11 and Section 15(2) of the Arbitration and Conciliation Act, 1996, by s...

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Bombay High Court Allows Appeal Against Condition of Security for Vacating Arrest of Cargo in Admiralty Suit - Cargo Owner Not Liable for Demurrage and Port Charges as They Are Not Party to Contract of Carriage

The appellant, Best Food International Pvt. Ltd., filed an appeal under Clause 15 of the Letters Patent against an order dated 4th February 2010 passe...