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Search Results for "arbitral tribunal jurisdiction"

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Supreme Court

Supreme Court Allows Appointment of Arbitrator in Dispute Over Encashment of Performance Bank Guarantee After Full Contractual Performance. Arbitration Clause Covers Dispute Despite Completion of Contract and Payment.

19 May 2023

The petitioner, M/S Glock Asia-Pacific Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointme...

High Court

Bombay High Court Quashes MSMED Council Award for Violating Section 80 of Arbitration Act — Council Cannot Arbitrate After Failed Conciliation. The dual role of conciliator and arbitrator by the same Council is prohibited under Section 80 of the Arbitration and Conciliation Act, 1996, rendering the award invalid.

9 Feb 2023

The petitioner, Bhagwat Enterprises, challenged an order dated 11/01/2022 passed by the Micro and Small Enterprises Facilitation Council (respondent N...

High Court

Bombay High Court Dismisses Arbitration Appeal as Not Maintainable Under Section 37 of the Arbitration and Conciliation Act, 1996. Order Rejecting Application for Direction to Opt for One Remedy Not an Appealable Order Under Section 17 or Section 16 of the Act.

4 Jan 2013

The appellants, M/s. Areeb Rolling Mills Pvt. Ltd. & Ors., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging...

High Court

High Court of Judicature at Bombay Partly Allows Appeal Under Arbitration Act; Confirms Setting Aside of Award for Non-Application of Specific Relief Act, 1963, but Finds Remand to Arbitrator Impermissible. Arbitrator Failed to Consider Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963, Rendering Award Patently Illegal; However, Court Cannot Remit After Setting Aside Award in Absence of Party Application Under Section 34(4).

7 Sep 2018

The dispute arose from an agreement of sale dated 30-04-2012 between the appellant, Chandrashekar Bisen, and respondent no.1, M/s Yogi Construction, f...

High Court

Bombay High Court Allows Arbitration Petition and Interim Application in Partnership Dispute — Appointment of Arbitrator and Interim Relief Granted. Court Appoints Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 and Grants Interim Relief Under Section 9 to Protect Subject Matter of Dispute.

16 Sep 2025

The case involves a dispute between M/s Sky One Corporate Park LLP and others (petitioners) and Shobha Rasiklal Dhariwal and another (respondents) ari...

High Court

Bombay High Court Sets Aside Arbitral Award for Violation of Natural Justice — Denial of Personal Hearing and Non-Joinder of Necessary Party. Section 34 of Arbitration and Conciliation Act, 1996 invoked to challenge award passed without hearing the borrower and without impleading the sister concern.

3 Jan 2013

The petitioner, Rajesh Tiwari, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dated 29 ...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Leave and Licence Dispute — Interest on Security Deposit for Delay Period Not Payable as Liquidated Damages Without Proof of Loss. The court modified the award to limit interest to the actual delay period at the contractual rate, holding that the arbitrator's award of interest for the entire period including post-possession was contrary to the agreement and Section 74 of the Indian Contract Act, 1872.

11 Feb 2019

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a sole arbitrator in a di...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Leave and Licence Dispute — Interest on Security Deposit for Delay Period Upheld but Refund Ordered with Interest from Date of Award. The court upheld the arbitrator's award of interest on security deposit for delay in handover as per agreement terms, but modified the direction for refund with interest from date of demand to interest from date of award.

11 Feb 2019

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a sole arbitrator in a di...

High Court

Bombay High Court Dismisses Appeal Against Sanction of Scheme of Arrangement Under Sections 391 and 394 of Companies Act, 1956 — Scheme Already Implemented, Appeal Devoid of Merit. The court held that once a scheme of arrangement is implemented, an appeal against the sanction order is not maintainable, and the appellant's remedy lies in separate arbitration proceedings.

15 Oct 2013

The appeal was filed by Laxmi Pat Surana against the judgment and order of the learned Company Judge dated 1 March 2013, which sanctioned a scheme of ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Interim Award on Limitation in Commercial Arbitration. Winding Up Proceedings Constitute Civil Proceedings for Exclusion of Time Under Section 14 of Limitation Act, 1963.

18 Sep 2018

The dispute arose from a purchase order dated 24 June 2013 placed by Tata Consultancy Services Ltd. (petitioner) on Inspira IT Products Pvt. Ltd. (res...

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