Search Results for "Arbitral Tribunal Jurisdiction"

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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.

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...

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Supreme Court Allows Appeals Against Appointment of Arbitrator in WAPCOS Ltd. v. Salma Dam Joint Venture. The court held that the arbitration agreement was novated by a subsequent amendment and that the petitioner lacked authority to invoke arbitration after revocation of power of attorney.

The Supreme Court of India heard appeals against the Delhi High Court's order appointing a sole arbitrator under Section 11(6) of the Arbitration and ...

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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.

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

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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.

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

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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.

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...

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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.

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