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Bombay High Court Dismisses Appeal Against Rejection of Section 34 Petition in Arbitration Matter — Upholds Arbitral Award for Unpaid Invoices. Findings of Fact by Arbitrator on Delivery of Goods Are Final and Not Open to Reappreciation Under Section 34 of the Arbitration and Conciliation Act, 1996.

The appellant, Royal Palms (India) Private Limited, was a company engaged in a development project at Marol Maroshi, Borivali, Mumbai. The respondent,...

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High Court of Bombay at Goa Quashes FIR in Cheating Case Due to Civil Nature of Dispute. Allegations of cheating and criminal intimidation found to be civil transactions criminalized, lacking ingredients of deception and dishonest inducement.

The petitioner, Mr. T. Chandramouli, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the High Court of Bombay at ...

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Bombay High Court Examines Territorial Jurisdiction in Section 11 Arbitration Application Over Insurance Claim Dispute. Court Finds Entire Cause of Action Arose in Telangana and Head Office Presence in Mumbai Alone Did Not Confer Jurisdiction Under Clause XII of Letters Patent.

Two applications under Section 11 of the Arbitration and Conciliation Act, 1996 were filed before the Bombay High Court seeking appointment of a sole ...

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Supreme Court Upholds 10% Deposit Condition in Arbitration Clause as Valid in Commercial Contracts. Clause requiring deposit-at-call of 10% of claim amount before invoking arbitration is not arbitrary or discriminatory under Article 14.

The case arose from a tender issued in 2008 by the Punjab State Water Supply & Sewerage Board for water supply and sewerage projects. The appellant, M...

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Bombay High Court Dismisses Challenge to Arbitral Award in Guarantee Dispute — Guarantor's Liability Not Discharged by Family Settlement Without Bank's Consent. Family Settlement Between Guarantor and Principal Debtor Does Not Discharge Guarantor Under Section 134 of Indian Contract Act, 1872.

The petitioner, Narinder Pal Agarwal, was a director and guarantor of Narendra Metal Converters Pvt. Ltd., which had taken loans from Saraswat Coopera...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Loan Dispute — Limitation Period Runs from End of Loan Tenure When Creditor Has Option to Recall Loan on Default.

The petitioner, Paresh Prakash Pavetekar, had taken a loan from the respondent, Phoenix ARC Pvt. Ltd., repayable in equated monthly installments. The ...

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Bombay High Court Dismisses Challenge to Arbitral Award in Television Serial Production Dispute. Arbitrator's Findings on Breach of Contract and Quantum of Damages Upheld Under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Zee Entertainment Enterprises Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an ...

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Bombay High Court Allows Petition to Refer Parties to Arbitration in Commercial Dispute Over Unpaid Goods. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement, as Parties Acted on Purchase Orders Containing Arbitration Clause.

The petitioners, Sai Wardha Power Ltd. and its directors, were original defendants in a civil suit filed by the respondent, M/s. Goyal Dhatu Udyog Pvt...