Search Results for "Indian Companies Act 1913"

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Bombay High Court Dismisses Subcontractor's Petition to Restrain Invocation of Performance Bank Guarantee Under Section 9 of Arbitration Act. Bank Guarantee Held to Be an Independent Contract Between Bank and Beneficiary, Not Subject to Injunction Absent Fraud or Irreparable Injustice.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., a subcontractor, filed a petition under Section 9 of the Arbitration and Conciliation Ac...

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Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...

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Bombay High Court Dismisses Appeal in Insurance Claim Dispute — Lockout Not Covered Under Riot and Strike Policy. Consequential loss claim fails as lockout is not a peril insured under the fire and riot/strike extension policies.

The appellant, M/s. Century Textiles & Industries Ltd., a public limited company, filed a suit against four insurance companies (Oriental Fire & Gener...

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High Court Dismisses Petition Challenging Arbitral Award on Liquidated Damages for Delayed and Undelivered LPG Cylinders. Arbitrator's interpretation of contractual clauses upheld as not contrary to public policy under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. R.M. Cylinders Private Limited, challenged an arbitral award dated 30 August 2010 passed by a sole arbitrator under Section 34 of...

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Bombay High Court Upholds Mesne Profits Award in Landlord-Tenant Dispute — Rate Fixed at Rs.1,24,099 per Month Based on Expert Evidence. Court Confirms That Mesne Profits Are Determined by Market Rent, Not Controlled Rent, and Interest at 6% p.a. Is Appropriate.

The case involves a dispute between Bata India Limited (the applicant/tenant) and Bindiya Co-operative Housing Society Limited (the respondent/landlor...

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Bombay High Court Appoints Sole Arbitrator Despite Defective Arbitration Clause in Work Orders. Court Holds That Under Section 11(6) of Arbitration and Conciliation Act, 1996, It Can Appoint Sole Arbitrator When Arbitration Agreement Is Invalid Due to Lack of Mechanism for Third Arbitrator.

The Applicant, Voltas Limited, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole ar...