Search Results for "arbitral tribunal jurisdiction"

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Search Results for "arbitral tribunal jurisdiction"

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High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Loan Dispute, Upholds Financer's Claim. Court holds that existence of arbitration agreement is not a jurisdictional issue under Section 16 of Arbitration and Conciliation Act, 1996, and the award is not patently illegal.

17 Dec 2012

The judgment concerns two arbitration petitions: Arbitration Petition No. 783 of 2011 filed by the borrowers (M/s. Sahyadri Earthmovers and its partne...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in LPG Distributorship Termination Dispute. Clause 29 of Distributorship Agreement Allowed Termination Without Assigning Reasons, and Arbitrator's Findings Were Not Perverse or Contrary to Public Policy.

1 Dec 2014

The petitioner, M/s. Prasad Gas Agency, was appointed as a distributor of LPG (Bharat Gas) by the respondent, Bharat Petroleum Corporation Limited, un...

High Court

Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Single Judge's Order Partially Setting Aside Arbitral Award. The Court affirmed reduction of interest rate from 18% to 12% per annum and setting aside of claim nos. (d) and (g) and interest on security deposit.

14 Mar 2016

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Indian Oil Corporation Ltd. (IOCL) against a judg...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Banking Investment Dispute - Failure of Respondent to Nominate Arbitrator Triggers Court's Power Under Section 11(6) of Arbitration and Conciliation Act, 1996. The court appointed a sole arbitrator to adjudicate disputes arising out of an Agreement dated 18th April, 2018 and Deed of Guarantee dated 18th April, 2018, as the respondent failed to nominate an arbitrator.

17 Jul 2023

The applicant, Kotak Mahindra Bank Ltd., a public company and banking company, filed an application under Section 11(6) of the Arbitration and Concili...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Tribunal Orders in SARFAESI Proceeding. Borrowers Failed to Comply with Conditional Orders and Sale Certificate Was Already Issued to Auction Purchaser.

20 Dec 2023

The case arose from a writ petition filed under Articles 226 and 227 of the Constitution of India challenging two orders of the Debts Recovery Tribuna...

Supreme Court

Supreme Court Upholds Setting Aside of Arbitral Award Due to Procedural Unfairness and Appoints New Arbitrator in Railway Contract Dispute. Arbitrator's Haste in Denying Cross-examination and Excluding Evidence Violated Natural Justice Under Sections 34(2)(a)(iii) and 34(2)(b)(ii) of Arbitration and Conciliation Act, 1996, Leading to Award Being Quashed.

18 Nov 2021

The dispute originated from a 1993 contract awarded by Northern Railway to M/s. Narinder Singh and Sons for additional washing line work at Jammu Tawi...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Construction Contract Dispute. Court holds that existence of arbitration clause in contract documents is sufficient to refer disputes to arbitration, and that the applicant's claims are not barred by limitation as the contract was not fully terminated.

4 Aug 2023

The applicant, Capacite Infraprojects Ltd, a construction company, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1...

High Court

Bombay High Court Allows Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unstamped MOU. Stamp Objection Is for Arbitral Tribunal to Decide, Not a Bar to Appointment of Arbitrator.

22 Aug 2014

The applicants, Nilesh Shantilal Tank and Praful Shantilal Tank, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation...

High Court

Bombay High Court Dismisses Petitions Challenging Arbitral Award in Partnership Dispute — Upholds Award of Mesne Profits and Interest. Court holds that an arbitral tribunal can award mesne profits for unauthorized use of property and interest from the date of cause of action, and that the court cannot re-appreciate evidence under Section 34 of the Arbitration and Conciliation Act, 1996.

25 Oct 2018

The case involves two writ petitions filed by Kailash Anupam Khimsiya and Alpesh Maganlal Khimsiya (petitioners) challenging an arbitral award dated 3...

High Court

Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

15 Mar 2021

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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