Search Results for "arbitral tribunal jurisdiction"

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Search Results for "arbitral tribunal jurisdiction"

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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 ...

High Court

High Court of Bombay Dismisses MTNL's Challenge to Arbitral Award in Contract Dispute — Liquidated Damages and Risk Cost Recovery Set Aside. Termination of Contract Held Legal but Recovery of Liquidated Damages Without Proving Actual Loss and Risk Cost Expenses Without Proper Justification Set Aside.

8 Feb 2012

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, by Mahanagar Telephone Nigam Limited (MTNL), a public se...

High Court

High Court Dismisses Petition Challenging Arbitral Award in Favor of Dealer in Termination Dispute. No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996 as Arbitrator's Findings Were Plausible and Not Perverse.

25 Jul 2012

The Petitioner, Hindustan Petroleum Corporation Ltd. (HPCL), a government oil company, filed a petition under Section 34 of the Arbitration and Concil...

High Court

Bombay High Court Upholds Arbitral Award for Liquidated Damages in Trainee Bond Dispute — Liquidated Damages of Rs. 2 Lakhs Upheld as Reasonable Pre-Estimate of Loss

9 Apr 2013

The petitioners, Madhur Pandey (trainee) and his guarantors (mother and aunt), challenged an arbitral award dated 7 September 2011 passed by a sole ar...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Contract Dispute — No Patent Illegality Found. The court upheld the award granting balance machinery price and interest, rejecting claims of breach for non-procurement of insurance under the Arbitration and Conciliation Act, 1996.

26 Apr 2013

The petitioner, M/s. Neptune Marine Pvt. Ltd., challenged an arbitral award dated 18 August 2008 and a modified award dated 30 January 2012 under Sect...

High Court

Bombay High Court Allows Petition Under Section 34 of Arbitration Act Against Arbitral Award Dismissing Dispute Over Forfeiture of Shares by Cooperative Bank. Arbitrator's Award Set Aside for Being Perverse and Contrary to Law as Bank's Action of Forfeiting Shares Without Following Procedure Under Multi-State Cooperative Societies Act, 2002 and Bye-Laws Was Illegal.

3 May 2013

The petitioner, Dr. Dalvi Ali Abdul Quadar, was a member and director of M/s Ratna Drugs Ltd., which had obtained a loan from the respondent, Kokan Me...

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