Search Results for "commercial arbitration application"

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Search Results for "commercial arbitration application"

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High Court

Gujarat High Court Dismisses Petition for Appointment of Arbitrator in Lease Dispute Between Society Member and Municipal Corporation. Arbitration Clause in Lease Agreement Not Binding on Member Who is Not a Party to the Agreement.

9 Jan 2026

The petitioner, Shree Kishore Jaiprakash Agarwal, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment...

Supreme Court

Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

1 Jan 2026

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

High Court

High Court of Karnataka Allows Commercial Appeal in Arbitration Reference Dispute — Partnership Deed Arbitration Clause Mandates Reference Despite Allegations of Fraud. Section 8 of the Arbitration and Conciliation Act, 1996 requires referral to arbitration when arbitration agreement exists and dispute falls within its scope, even if fraud is alleged, unless fraud is so pervasive that it vitiates the arbitration agreement itself.

13 Feb 2025

The appellant (original defendant) and respondent (original plaintiff) entered into a Partnership Deed on 24 June 2020 for the business of sale of mot...

High Court

Bombay High Court Allows Section 14 Petitions to Terminate Arbitrator Mandate Due to Deemed Waiver of Right to Object. Arbitrator appointed by Co-operative Bank under MSCS Act failed to disclose interest and continued proceedings despite jurisdictional challenge, leading to termination of mandate.

9 Jan 2023

The petitioners, Kalpesh Shantikumar Mehta and others, along with KSM Multitrade LLP and others, filed two petitions under Section 14 of the Arbitrati...

High Court

Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

22 Sep 2022

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

High Court

High Court Appoints Arbitrator in Contract Dispute Between Power Solutions Company and Electricity Supply Company. Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 allowed due to failure of respondent to appoint arbitrator as per clause 4.1 of contract agreement dated 28.03.2018.

21 Apr 2022

The petitioner, M/s Nsure Reliable Power Solutions Pvt Ltd, a private limited company engaged in infrastructure business, participated in a tender flo...

High Court

Bombay High Court Allows Section 11(6) Petition for Appointment of Arbitrator in Construction Contract Dispute — Respondent's Failure to Appoint Arbitrator Despite Repeated Requests Constitutes Failure of Mechanism. The court held that the respondent's inaction for over a year amounted to waiver of its right to appoint an arbitrator under the arbitration agreement.

2 Jun 2020

The petitioner, Afcons Infrastructure Limited, entered into a contract with the respondent, Konkan Railway Corporation Limited, on 12 December 2005 fo...

High Court

High Court of Bombay Dismisses Petition Challenging Transfer of Arbitration Application to Commercial Court Under Section 15 of Commercial Courts Act, 2015. The Court held that the District Court has jurisdiction to transfer a pending arbitration application to the Commercial Court if the subject matter is a commercial dispute, regardless of when the application was filed.

5 Apr 2018

The petitioner, M/s D.M. Corporation Pvt. Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging an order dated 30 Nov...

High Court

High Court Dismisses Petition Challenging Majority Arbitral Award in Maritime Demurrage Dispute — Claim Time-Barred Under Charterparty Clause 24. The court upheld the majority arbitrators' finding that the demurrage claim was received beyond the 45-day period stipulated in clause 24 of the Tanker Voyage Charterparty, and thus the claim was time-barred.

4 Jan 2012

The petitioner, Axios Navigation Co. Ltd., a shipowner, challenged a majority arbitral award dated 18 August 2008 passed by a three-member Arbitral Tr...

High Court

Bombay High Court Allows Referral of Admiralty Suit to Arbitration Under Section 45 of Arbitration and Conciliation Act, 1996 — Arbitration Agreement Enforceable Despite Admiralty Claim. The court held that the existence of an arbitration agreement between parties mandates referral of the dispute to arbitration, and the admiralty suit cannot proceed in court.

6 Jul 2005

The judgment concerns two arbitration petitions filed under Section 45 of the Arbitration and Conciliation Act, 1996, seeking referral of an admiralty...

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