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Bombay High Court Dismisses Revision Application in Suit for Declaration and Injunction — Order Rejecting Application Under Order 7 Rule 11 CPC Upheld. Plaint Discloses Cause of Action and Is Not Barred by Law Under Order 7 Rule 11 CPC.

The case involves a civil revision application filed by the original defendants (M/s New Shelter Enterprises and its proprietors) challenging an order...

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High Court of Judicature at Bombay Appoints Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in a Commercial Contract Dispute. Appointment Made after Respondent Failed to Prove Valid Appointment of Arbitrator Despite Alleged Forfeiture of Right.

The dispute arose from an agreement dated 8 January 2003 between Voltas Limited (applicant) and Rolta India Limited (respondent) for the supply, erect...

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Supreme Court Sets Aside Ex-Parte Arbitral Awards for Lack of Valid Arbitration Agreement in Service Dispute. Fraudulent Claims Based on Non-Existent Agreement Cannot Be Enforced; Awards Declared Null and Void.

The case involves an appeal by the State of Uttar Pradesh against an order of the Allahabad High Court dismissing their intra-court appeal against the...

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Bombay High Court Sets Aside Arbitral Award in Stock Broker Dispute — Violation of NSEIL Rules Renders Award Contrary to Public Policy. Trading Member's Squaring Off of Defaulting Client's Position Upheld as Permissible Under Bye-Laws, Award of Damages for Loss of Higher Price Set Aside.

The petitioner, M/s. Ventura Securities Limited, a trading member of the National Stock Exchange of India Ltd. (NSEIL), challenged an arbitral award d...

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High Court of Bombay Sets Aside Arbitral Award in Stock Broker Dispute Due to Perverse Findings. Arbitrator's Failure to Consider Admitted Documents and Ledger Accounts Constitutes Patent Illegality Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Shilpa Stock Broker Pvt. Ltd., a stock broker and member of the National Stock Exchange of India Ltd. (NSEIL) and Bombay Stock Exchang...

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Bombay High Court Dismisses Prasar Bharati's Challenge to Arbitral Award in Revenue Sharing Dispute. Court upholds arbitrator's findings on breach of contract and quantum of damages under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, Prasar Bharati (the Broadcasting Corporation of India), challenged an arbitral award dated 17th December 2008 passed by a sole arbitr...

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Bombay High Court Sets Aside Arbitral Award for Violation of Natural Justice in NSEIL Dispute. Arbitrator Failed to Offer Hearing Despite Claim Exceeding Rs.25,000, Breaching Rule 5.10 of NSEIL Trading Regulations.

The petitioner, Milaan C. Jhaveri, challenged an arbitral award dated 20 April 2009 passed by a sole arbitrator under Section 34 of the Arbitration an...

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Bombay High Court Dismisses Appeal Against Section 9 Interim Relief Order in Arbitration Dispute Over Media Rights. Court Upholds Security Deposit of Rs. 390 Crores Directed by Single Judge to Protect BCCI's Claim Pending Arbitration.

The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 was filed by Nimbus Communications Limited (the appellant) against a...

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Bombay High Court Considers Challenge to Arbitral Award in High Seas Sales Dispute. Court Examines Whether Claim Based on Dishonoured Cheques Can Be Defeated by Ex Turpi Causa Defence Under Section 118 of the Negotiable Instruments Act, 1881.

The dispute arose from high seas sales of raw materials and pharmaceutical drugs. The Respondent, as vendor, had filed a summary suit for recovery of ...