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Bombay High Court Orders Return of Security in Admiralty Suit for Lack of Sister Ship Relationship. Security furnished for arbitration claim cannot be retained when the vessel arrested is not a sister ship of the vessel for which services were provided.

The plaintiff, Condor Maritime Dienstleistung GmbH & Co. KG, filed an admiralty suit against m.v. Western Light and its owners (defendants) claiming m...

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Madras High Court Dismisses Review Petitions in Arbitration Case — No Error Apparent on Face of Record. Court holds that review cannot be used as an appeal and that the judgment in Maula Bux v. Union of India was not applicable to the facts of the case.

The case involves two review applications filed under Order XIV Rule 8 of O.S. Rules read with Order XLVIII Rule 1(a) and Section 114 of the Code of C...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Development Agreement Dispute, Holding Claim Time-Barred. Court Refuses to Condon 15-Day Delay Under Section 5 of Limitation Act, 1963, Relying on HPCL Bio-Fuels and Emphasizing Need for Exceptional Circumstances.

The dispute arose from a Development Agreement dated March 31, 2016 between the applicant-developer and the respondent-cooperative housing society for...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Banking Ombudsman Dispute Over Counterfeit Drafts. Limitation Act Does Not Apply to Proceedings Under Banking Ombudsman Scheme, 2002.

The petitioner, Bank of Baroda, challenged an arbitral award passed by the Banking Ombudsman (respondent no.2) in favor of respondent no.1, Vijaya Ban...

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High Court of Karnataka Dismisses Writ Petition Challenging Reference to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Filing of Written Statement Does Not Waive Right to Seek Arbitration.

The petitioner, M/S Alang Metal Exim Pvt. Ltd., filed a money suit (O.S.No.3749/2013) against the respondents, MSTC Limited and The Fertilizers & Chem...

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High Court of Bombay at Goa Dismisses Appeal Against Arbitral Award in Wagon Supply Dispute. Court upholds arbitrator's finding that appellant failed to prove force majeure and that respondent was entitled to refund of advance payment with interest.

The appellant, Titagarh Wagons Limited, entered into a purchase order dated 20.02.2006 with the respondent, Chowgule and Company Private Limited, for ...

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Bombay High Court Dismisses Appeal Against Ex-Parte Injunction Restraining Arbitration Proceedings in Guarantee Dispute. No Arbitration Agreement Found Between Plaintiff and Defendant No.1, Injunction Upheld to Prevent Irreparable Harm.

The dispute arises from a charter party agreement allegedly entered into between defendant no.1 (Golden Ocean Group Limited, appellant) and defendant ...