Search Results for "Section 11"

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Search Results for "Section 11"

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High Court

Bombay High Court Allows Fresh Arbitration After Supreme Court Sets Aside Arbitral Award Without Deciding Merits — Observations in Setting Aside Award Do Not Constitute Res Judicata. The Court held that setting aside an arbitral award under Sections 34/37 does not adjudicate the merits, and parties are free to arbitrate afresh under Section 11 of the Arbitration and Conciliation Act, 1996.

11 Mar 2025

The applicant, Batliboi Environmental Engineering Ltd., had entered into a contract with Hindustan Petroleum Corporation Ltd. (HPCL) for construction ...

High Court

Bombay High Court Appoints Sole Arbitrator in Partnership Dispute Despite Objections on Privity of Arbitration Agreement. Court limits its inquiry under Section 11(6A) to existence of arbitration agreement, leaving issues of privity and liability to arbitral tribunal under Section 16.

24 Feb 2025

The Petitioner, Darshan Mahendra Nibjya, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a sub...

High Court

Bombay High Court Upholds Deemed Conveyance Under MOFA Despite Pending Civil Suit — Statutory Right to Conveyance Independent of Contractual Disputes. The Competent Authority's grant of deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963 was upheld as the statutory right operates independently of a pending civil suit for specific performance and damages.

7 Feb 2025

The petitioner, Swastik Promoters and Developers, challenged an order dated 26th July 2021 passed by the Competent Authority (District Deputy Registra...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Deemed Conveyance Application Under MOFA — Holds That Competent Authority Cannot Reject Application on Grounds of Missing Documents After Issuing Notice, and That Lack of Occupation Certificate Is Not a Bar to Grant of Deemed Conveyance.

25 Nov 2024

The petitioner, ALJ Residency Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

18 Nov 2024

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

Supreme Court

Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

15 Nov 2024

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

High Court

Bombay High Court Dismisses Petition Challenging Deemed Conveyance Order Under MOFA — Competent Authority Can Consider Property Register Card and Area Certificate Beyond Agreement Schedule. Court holds that the Competent Authority under Section 11 of MOFA is not strictly confined to the area mentioned in the Section 4 agreement and can rely on property records and architect's certificate to determine the actual area to be conveyed.

27 Aug 2024

The petitioners, original owners of land comprising plot nos. 3, 4, 5, and 6 at Village Valnai, Marve Road, Malad (West), Mumbai, challenged the order...

High Court

High Court Allows Appointment of Arbitrator in Joint Development Agreement Dispute Despite Unstamped Agreement. Arbitration Clause Held Separable and Enforceable Under Section 11 of Arbitration and Conciliation Act, 1996.

2 Jan 2019

The petitioners, Mr. M.N. Kumar, Mr. R. Venkata Krishna, and Mr. C.S. Mohan, filed a Civil Miscellaneous Petition under Section 11(5) of the Arbitrati...

High Court

High Court of Karnataka Dismisses Petition for Appointment of Arbitrator Due to Exclusive Jurisdiction Clause. Exclusive jurisdiction clause in Work Order vesting jurisdiction in Delhi courts ousts jurisdiction of Karnataka High Court under Section 11 of Arbitration and Conciliation Act, 1996.

3 Aug 2018

The petitioner, Polybond Organics Private Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment o...

High Court

High Court of Karnataka Appoints Arbitrator in Section 11 Petition After Nine-Year Delay. Petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, filed in 2008, finally disposed with appointment of sole arbitrator.

26 Oct 2017

The petitioner, N.K. Developers Pvt. Ltd., filed a petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, on 12.08.2008, seeking ...

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