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Search Results for "arbitral tribunal jurisdiction"

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High Court

High Court of Bombay at Goa Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Territorial Jurisdiction for Section 9 Application. Court Holds That Cause of Action Arises Partly in Goa Where Agreements Were to Be Performed, Conferring Jurisdiction on Goa Courts.

4 May 2016

The appellants, M/s. Nivaran Solutions (a partnership firm) and its partners, filed an appeal under Section 37 of the Arbitration and Conciliation Act...

High Court

High Court of Karnataka Quashes Karnataka Appellate Tribunal Order in Cooperative Society Dispute, Restoring Dismissal. Tribunal Violated Natural Justice by Proceeding Ex Parte During COVID-19 Lockdown; Dispute Over Validity of Registered Sale Deed Not Maintainable Under Section 70 of Karnataka Co-operative Societies Act, 1959.

17 Dec 2025

The case involved a writ petition under Articles 226 and 227 of the Constitution of India filed by Suresha, challenging the judgment dated 09.07.2020 ...

High Court

Bombay High Court Sets Aside Arbitral Award for Violation of Natural Justice and Public Policy — Shares Directed to be Returned to Third Party Not Party to Arbitration. The court held that an award affecting rights of a person not party to arbitration is contrary to public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

19 Dec 2014

The petitioners, original constituents, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the final award da...

High Court

High Court of Karnataka Sets Aside Order Referring Dispute to Arbitration in Commercial Suit — Arbitration Agreement Not Duly Signed by Plaintiff. Section 8 of Arbitration and Conciliation Act, 1996 requires existence of valid arbitration agreement; mere reference in invoices insufficient.

8 Jul 2025

The petitioner, M/s. Tusker Workspace Pvt. Ltd., filed a commercial suit (Com. O.S. No.207/2024) before the LXXXVI Additional City Civil and Sessions ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award for Use and Occupation Charges Against Occupant in Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996. Licensee Continuing in Possession After Termination is Liable to Pay Compensation at Agreed Rate, and Award is Not Patently Illegal.

20 Oct 2012

The petitioner, Motabhai Paras Private Limited, was the original respondent in an arbitration proceeding initiated by the respondent, Western Paper & ...

High Court

Bombay High Court Sets Aside Arbitrator's Order under Section 37 of Arbitration and Conciliation Act, 1996, Holding Dispute Over Refund of Security Deposit Arbitrable. Claim for Refund of Security Deposit Does Not Constitute 'Charges' under Section 41 of Presidency Town Small Causes Court Act, 1882, as It Is Not a Periodic Payment for Use and Occupation.

20 Sep 2017

The petitioner, a banking company, entered into two agreements with the respondent for business centre facilities and support services at premises in ...

High Court

High Court of Bombay at Goa Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Territorial Jurisdiction Under Section 9. Court Holds That Part of Cause of Action Arising in Goa Confers Jurisdiction on Goa Courts.

4 May 2016

The appellants, M/s. Nivaran Solutions and its partners, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an or...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Banking Dispute — Upholds Liability of Company but Sets Aside Award Against Directors for Lack of Evidence. The court held that directors cannot be held personally liable for company debt without personal guarantee or specific evidence under Section 34 of the Arbitration and Conciliation Act, 1996.

17 Mar 2011

The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the arbitral award dated 31st March, 2006 p...

High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Jurisdiction in Cooperative Bank Dispute — Allegations of Fraud Not Sufficient to Oust Arbitration Under MSCS Act. The court held that mere allegations of fraud without material particulars do not oust the jurisdiction of the arbitral tribunal appointed under Section 84 of the Multi State Cooperative Societies Act, 2002, and the arbitrator's decision to decide the issue along with the main petition was proper.

17 Jun 2013

The petitioner, Rajesh M. Mahtani, was a respondent in arbitration proceedings initiated by the Bombay Mercantile Coop. Bank Ltd. under Section 84 of ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Electricity Theft Assessment and Appellate Order — Petitioner Failed to Deposit 50% of Assessed Amount as Required Under Section 127 of the Electricity Act, 2003.

18 Oct 2016

The petitioner, Rakhee Gupta, is the owner of a flat in Mumbai. She entered into a Leave and License Agreement with M/s. Laurent & Benon Management Co...

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