Search Results for "arbitral tribunal jurisdiction"

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Bombay High Court Allows Withdrawal of Proportionate Share of Royalty in Partnership Dispute Pending Arbitration. Petitioners permitted to withdraw 65% of royalty deposited by respondent as agent with Court Receiver under Section 9 of Arbitration and Conciliation Act, 1996.

The petitioners, partners of a firm governed by a partnership deed dated 20 November 1995, referred a dispute to arbitration. The arbitration was pend...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act — Upholds Arbitral Award Granting Interest on Delayed Payments. Court holds that award of interest at 18% per annum is not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves an appeal by Jawaharlal Nehru Port Trust (Appellant) against the rejection of its petition under Section 34 of the Arbitration and C...

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Bombay High Court Grants Interim Injunction Under Section 9 of Arbitration Act to Prevent Payment to Contractor Pending Arbitration — Share Subscription Agreement and Concession Agreement Form Composite Transaction

The petitioner, Welspun Enterprises Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an interim injunc...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Hotel Management Contract Dispute — No Interference Under Section 34 as Findings Are Plausible. Arbitrator's Finding of Breach of Contract and Award of Damages Upheld as Not Perverse or Contrary to Public Policy.

The petitioner, Hotel Corporation of India Ltd., challenged an arbitral award passed by a sole arbitrator under Section 34 of the Arbitration and Conc...