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Search Results for "Arbitration petition"

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High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Loan Recovery Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Found to be Patently Illegal or Against Public Policy. The court upheld the award based on evidence and contractual terms, rejecting the borrower's contention that the loan was already recovered through sale of repossessed vehicles.

27 Apr 2012

The petitioner, Eagle Travel Agency, a sole proprietorship through its proprietor Hardik Kotak, filed four arbitration petitions under Section 34 of t...

High Court

Bombay High Court Upholds Arbitral Award in Joint Venture Dispute — State Not Liable for Delay in Obtaining Approvals. The court held that the State Government did not breach the Joint Venture Agreement by failing to obtain necessary approvals within a reasonable time, as the agreement did not impose an absolute obligation on the State.

11 May 2012

The appellant, Carol Info Services Limited, entered into a Joint Venture Agreement with the State of Maharashtra to establish a super specialty hospit...

High Court

Bombay High Court Sets Aside Ex Parte Arbitral Award for Violation of Natural Justice — Petitioner Denied Opportunity to Present Case Due to Insufficient Notice of Arbitration Proceedings. The court held that the arbitrator's failure to ensure proper service and grant adjournment before proceeding ex parte violated principles of natural justice under Section 34 of the Arbitration and Conciliation Act, 1996.

23 Mar 2015

The petitioner, Rajnikant B. Vora, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an ex parte arbitral a...

High Court

High Court of Karnataka Appoints Sole Arbitrator in Contract Dispute Between Proprietorship Firm and IIT Dharwad. Arbitration clause invoked under Section 11 of Arbitration and Conciliation Act, 1996 for disputes arising from contract dated 10.04.2018.

30 Jun 2021

The petitioner, M/S. Suresh Goel & Associates, a proprietorship concern, filed a petition under Section 11(5)(6) and 12(b) of the Arbitration and Conc...

High Court

High Court of Judicature at Bombay hears section 34 petition challenging arbitral award; outcome not specified. The petition challenged an appellate arbitral award that had affirmed an earlier primary award, under the Arbitration and Conciliation Act, 1996.

9 Jun 2025

The petitioner, Jagadeesa G. Chary, filed Arbitration Petition No. 410 of 2014 under Section 34 of the Arbitration and Conciliation Act, 1996 before t...

High Court

Bombay High Court Sets Aside Arbitral Award for Lack of Jurisdiction Where Claim Exceeds 20% of Contract Value Under Special Conditions of Contract. The court held that the Arbitral Tribunal had no jurisdiction to entertain claims exceeding 20% of the contract value as per Clause 41.2 of the Special Conditions of Contract, and the award was liable to be set aside under Section 34 of the Arbitration and Conciliation Act, 1996.

5 Feb 2010

The petitioner, Union of India, through the Divisional Railway Manager (Works), Mumbai Division, filed a petition under Section 34 of the Arbitration ...

High Court

Bombay High Court Partially Allows Appeals Against Arbitrator's Interim Order in Share Dispute — Upholds Injunction but Sets Aside Directions for Affidavit of Assets and Restraint on Alienation. The court held that the arbitrator exceeded jurisdiction by granting relief akin to Order 38 Rule 5 CPC without proper pleadings, but upheld other interim measures under Section 17 of the Arbitration and Conciliation Act, 1996.

17 Jul 2014

The judgment concerns two arbitration petitions arising from a dispute between Tulsi Castings and Machining Limited (and its directors) and India Vent...

High Court

Bombay High Court Sets Aside Ex-Parte Arbitral Award for Violation of Natural Justice and Unilateral Appointment of Arbitrator. The court held that the arbitrator's failure to issue notice to the petitioners and the unilateral appointment by the respondent no.1 without consent rendered the award invalid under Section 34 of the Arbitration and Conciliation Act, 1996.

17 Aug 2015

The petitioners, Naresh Kanayalal Rajwani, Shirley Naresh Rajwani, and Amit Naresh Rajwani, filed a petition under Section 34 of the Arbitration and C...

High Court

Bombay High Court Dismisses Arbitration Petition as Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996 — Corrigendum to Award Does Not Extend Limitation Period for Challenging Original Award

6 Feb 2017

The petitioners, Karuppiah Mahalingam and others, had availed a loan against mortgaged property from Kotak Mahindra Bank Limited. They defaulted on re...

High Court

Bombay High Court Dismisses Section 34 Petition Against Arbitral Award in Contract Dispute — No Patent Illegality Found in Arbitrator's Interpretation of Contract Terms. The court held that the arbitrator's construction of the contract was a possible view and not perverse, thus no interference under Section 34(2-A) of the Arbitration and Conciliation Act, 1996.

2 Mar 2020

The petitioners, Gateway Distriparks Limited and Gateway Rail Freight Limited, filed a petition under Section 34 of the Arbitration and Conciliation A...

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