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Bombay High Court Dismisses Union of India's Challenge to Arbitral Award in Construction Contract Dispute. Court upholds arbitrator's findings on rate analysis and rejection of counterclaims under Section 34 of the Arbitration and Conciliation Act, 1996.

The Union of India, through the Executive Engineer, CPWD, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging ...

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Madras High Court Partly Allows Appeal in Arbitration Matter — Upholds Arbitral Award Except for Claim No.6. Post-Contractual Changes in Pipeline Alignment and Scope Reduction Lead to Dispute Over Additional Costs and Delay.

The appellant, Chennai Metropolitan Water Supply and Sewerage Board, invited tenders for construction of a Permeate Conveyance Pipeline as part of a p...

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Supreme Court Sets Aside High Court Order Condoning Delay in Arbitration Challenge. Limitation Period Under Section 34(3) of Arbitration and Conciliation Act, 1996 Held Absolute and Not Extendable Beyond 30 Days.

The appellant, Mahindra and Mahindra Financial Services Ltd., had provided a loan to the respondent, Maheshbhai Tinabhai Rathod, for purchase of tract...

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Bombay High Court Allows Condonation of Delay in Arbitration Petition Under Section 14 of Limitation Act. Time spent in earlier proceeding before court lacking jurisdiction excluded, delay of 144 days condoned.

The applicant, M/s Globe Capital Market Ltd., filed a notice of motion in an arbitration petition seeking condonation of delay of 144 days in filing t...

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Bombay High Court Sets Aside Arbitral Award in Lease Finance Dispute Due to Limitation Bar. Claim for Enhanced Rent Based on Depreciation Disallowance Held Time-Barred Under Article 137 of Limitation Act, 1963.

The petitioner, Aditya Birla Chemicals (India) Ltd., challenged an arbitral award dated 9th August, 2011 under Section 34 of the Arbitration and Conci...

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Supreme Court Upholds Limitation of Liability Clause in Arbitration Case — Clause 49.5 Bars Damages for Employer Delay. Contractual prohibition on claiming damages for employer-caused delay held valid and enforceable under the Arbitration and Conciliation Act, 1996.

The dispute arose from a construction contract between M/s. C & C Constructions Ltd. (appellant) and IRCON International Ltd. (respondent) for buildin...

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Bombay High Court Sets Aside Ex-Parte Arbitral Award for Violation of Natural Justice and Unilateral Appointment of Arbitrator. Unilateral Appointment of Sole Arbitrator Contrary to Arbitration Clause Requiring Joint Nomination Invalidates Award Under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, Mrs. Sheeba Jose and Mr. Jose Paramban Ouseph, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, chall...