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Search Results for "Arbitration petition"

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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...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Advertising Contract Dispute. Court Upholds Award of Rs.29,51,000 with 12% Interest for Breach of Contract Relating to Free Commercial Time Banking Policy.

10 Sep 2012

The petitioners, M/s. Media Masters and its partner, challenged an arbitral award dated 13th March, 2009 passed by a Sole Arbitrator. The award allowe...

High Court

Bombay High Court Allows Arbitration Petitions in Shareholder Dispute Over Appointment of Arbitrator. Court Appoints Sole Arbitrator to Adjudicate Disputes Arising from Share Subscription and Shareholders' Agreement.

30 Nov -0001

The judgment concerns four arbitration petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996, arising out of disputes between...

High Court

Bombay High Court Restrains Facilitation Council from Proceeding Under Section 18(3) of MSMED Act Due to Existing Arbitration Agreement. Independent Arbitration Agreement Dated 23.09.2005 Precludes Council's Arbitration Jurisdiction Under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006.

14 Dec 2016

The petitioners, Namco Industries Private Limited and its director Namit Soni, filed a writ petition challenging the proceedings initiated by the Micr...

Supreme Court

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.

4 Mar 2020

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

High Court

Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Copyright Dispute Over Television Serial Concept. The court restrained the respondent from using the petitioner's concept for a television serial pending arbitration, finding a prima facie case of copyright and balance of convenience in favor of the petitioner.

26 Mar 2010

The petitioner, M/s. Magic Lantern Productions, through its partner Ms. Rajita Sharma, filed arbitration petitions under Section 9 of the Arbitration ...

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