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Search Results for "Arbitration petition"

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High Court

Bombay High Court Allows Appeal Against Refusal of Amendment in Arbitration Petition Under Section 34. Amendment to Add Additional Grounds Within Limitation Does Not Amount to Filing Fresh Application.

11 Jan 2017

The case involves an appeal filed by Messrs. Raghuvir Cotton Ginning & Pressing Pvt. Ltd. (the appellant) under Section 37 of the Arbitration and Conc...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Dredging Contract Dispute — Interest Award Modified and Counterclaim Allowed. The court held that the arbitral tribunal's award of interest from the date of the award rather than from the date of the claim was contrary to Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, and that the rejection of the employer's counterclaim for demobilization costs under Clause 73(1) was perverse.

15 May 2020

The judgment concerns two cross petitions under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majority arbitral award arising...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Restrain Bank Guarantee Invocation in Contract Dispute. No Fraud or Special Equities Established to Prevent ONGC from Encashing Bank Guarantees Furnished by Mercator Oil & Gas.

29 Jul 2019

The appellant, Mercator Oil & Gas Limited, had entered into a contract with the first respondent, Oil & Natural Gas Corporation Limited (ONGC), for th...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Hotel Sale Dispute. Court upholds award of Rs.1.88 crore with interest for breach of contract, rejecting grounds under Section 34 of Arbitration and Conciliation Act, 1996.

8 May 2015

The petitioner, Sahara Hospitality Limited (formerly Batra Hospitality Private Limited), filed a petition under Section 34 of the Arbitration and Conc...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Abatement in Arbitration Petition — No Appeal Lies Under Section 39 of Arbitration Act, 1940 Against Interlocutory Orders Not Specified Therein. The Court held that an order refusing to set aside abatement is not an appealable order under Section 39(1) of the Arbitration Act, 1940, and the appeal is not maintainable.

22 Jul 2013

The case arises from an Arbitration Petition filed under Section 30 of the Arbitration Act, 1940, challenging an arbitral award dated 25 April 1989. D...

High Court

High Court of Bombay Quashes Order Dismissing Application for Appointment of Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 on Ground of Limitation. Court Holds that Chief Justice/Designate's Power is Administrative and Does Not Extend to Deciding Limitation; Such Issues are for Arbitral Tribunal.

27 Apr 2005

The instant writ petition was filed by the petitioners, a partnership firm and its partner, challenging an order that dismissed their application unde...

High Court

Bombay High Court Allows Appeal Against Section 9 Order in Arbitration Dispute Over Appointment of Court Receiver. Court holds that appointment of a Court Receiver to take possession of secured assets without considering the balance of convenience and irreparable loss is not warranted under Section 9 of the Arbitration and Conciliation Act, 1996.

26 Sep 2023

The present appeal impugned an order dated 31st August 2023 passed by the Learned Single Judge in a Commercial Arbitration Petition filed by Responden...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Commercial Dispute. Appointment of Arbitrator by Advocate on Behalf of Party Held Valid Under Section 34 of Arbitration and Conciliation Act, 1996.

25 Sep 2019

The petitioners, Cabcom Cables Limited and others, filed a petition under section 34 of the Arbitration and Conciliation Act, 1996, challenging an arb...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Co-operative Bank Loan Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no grounds to interfere with arbitrator's decision on loan recovery under Multi-State Co-operative Societies Act, 2002.

18 Mar 2015

The petitioner, M/s. Maks Glass Corporation, challenged an arbitral award dated 24th April 2010 passed under Section 84 of the Multi-State Co-operativ...

High Court

Bombay High Court Dismisses Section 9 Petition for Interim Relief in Arbitration Dispute Over Lease Deposit Refund. Court holds that a claim for refund of a deposit is a monetary claim and cannot be secured by way of interim measure under Section 9 of the Arbitration and Conciliation Act, 1996 unless there is a specific agreement or clear evidence of intention to create a charge.

7 May 2012

The petitioner, BNP Paribas Securities India Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim...

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