Search Results for "claim repudiation"

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Search Results for "claim repudiation"

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High Court

High Court of Karnataka Dismisses Writ Petition Seeking Mandamus for Release of Contractual Payment Due to Disputed Facts. Court holds that disputed questions of fact regarding work completion and measurement cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India.

25 Jun 2024

The petitioner, M/s. GVPR Engineers Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction in the nat...

High Court

Bombay High Court Dismisses ONGC's Challenge to Arbitral Award Rejecting Claim as Time-Barred. Claim for pre-project expenses under MOU held barred by limitation as expenditure incurred prior to April 2001 and claim raised after three years.

9 Jan 2013

The Petitioner, Oil and Natural Gas Corporation Limited (ONGC), challenged an arbitral award dated 12 November 2009 passed by the Arbitral Tribunal co...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Defence Contract Dispute Over Encashment of Warranty Bond. The court held that the claims were not barred by limitation as bilateral discussions continued until 2019, and the arbitration clause covered the dispute.

18 May 2023

The petitioner, a Swiss company engaged in arms manufacturing, entered into a contract with the Ministry of Defence, Government of India, for supply o...

High Court

Bombay High Court Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Nov -0001

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Case Upholding High Court's Direction for Execution of Sale Deed. The court found the respondent demonstrated readiness and willingness to perform the contract through correspondence and legal notices, justifying specific performance under contract law principles.

18 Apr 2023

The Supreme Court heard two appeals arising from a property dispute involving a sale agreement executed by G. Venugopala Rao in favor of Respondent No...

High Court

Bombay High Court Considers Appeal Under Section 37 of Arbitration Act Against Single Judge Order Dismissing Section 34 Petition Due to Foreign Seat and Governing Law — Interpretation of Escrow Agreement Clauses

31 Oct 2018

The appeal arose from a Commercial Appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Katra Holdings Ltd., a Mauritius co...

High Court

Bombay High Court Allows Appeal Against Arbitral Award in Construction Dispute — Award Set Aside for Violation of Natural Justice and Non-Consideration of Evidence. The court held that denial of cross-examination and failure to consider electronic evidence under Section 65B of the Evidence Act, 1872, renders an arbitral award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

29 Apr 2016

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an arbitral award passed by a sole arbitrator. The...

Supreme Court

Supreme Court Upholds Arbitral Award in Land Development Dispute, Restoring Tribunal's Findings on Breach and Damages. The Court Clarifies Limited Scope of Judicial Interference Under Sections 34 and 37 of Arbitration and Conciliation Act, 1996, Holding that High Court Exceeded Jurisdiction in Re-evaluating Factual Determinations.

21 Apr 2025

The appeals arose from a judgment of the Division Bench of the Delhi High Court dated 30th April 2015, which was rendered in appeals under Section 37 ...

High Court

Bombay High Court Allows Health Insurance Renewal Petitions Against United India Insurance Company — Insurer Cannot Refuse Renewal Based on Pre-existing Disease Exclusion After Continuous Coverage Under Group Policy. The court held that the exclusion clause for pre-existing diseases applies only at the inception of the first policy and not at renewal, and that refusal to renew was arbitrary.

19 Aug 2013

The petitioners, account holders of Bank of Maharashtra, were covered under a group health insurance scheme called 'Mahabank Swasthya Yojna' provided ...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Sole Arbitrator in Insurance Claim Dispute — Flood Damage Claim Referred to Arbitration Despite Surveyor's Inaction. The court held that the existence of an arbitration clause in the insurance policy mandates referral to arbitration, and the surveyor's failure to finalize the claim does not bar arbitration under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Nov 2022

The applicant, M/s. Mallak Specialities Pvt Ltd., an export company engaged in manufacturing specialty chemicals, held a Standard Fire and Special Per...

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