Search Results for "Arbitration Act, 1940"

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Search Results for "Arbitration Act, 1940"

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High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Guarantee Enforcement Case. Personal Guarantors Held Liable Despite Principal Borrower's Corporate Insolvency Resolution Process Under Section 14 of IBC.

17 Feb 2015

The petitioners, Jamboo Kumar Jain and Praful Kumar Jain, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...

High Court

Bombay High Court Dismisses Judgment Debtor's Challenge to Execution of Arbitral Award on Ground of Non-Receipt of Signed Copy Under Section 31(5) of Arbitration and Conciliation Act, 1996. Receipt of Certified Copy by Post Satisfies Section 31(5) and Award Becomes Enforceable Under Section 36(1).

10 Apr 2023

The petitioner, Rahul S/o Omprakash Gandhi, filed four writ petitions (W.P. Nos. 6091/2022, 6092/2022, 6093/2022, and 6094/2022) challenging the execu...

Supreme Court

Supreme Court Hears Appeal Against High Court's Quashing of ICADR Arbitral Orders in Private Road Concession Dispute. Core issue involves whether arbitration under the Arbitration and Conciliation Act, 1996 and ICADR Rules can be overridden by the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983.

26 Jul 2026

The Supreme Court heard a civil appeal arising out of Special Leave Petition No. 13415 of 2025, challenging the High Court of Madhya Pradesh's judgmen...

Supreme Court

Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Arbitrator's Post-Retirement Mandate. Construction contract arbitration clause did not terminate arbitrator's mandate upon retirement, and respondents' participation waived objection to continuation under Indian Arbitration Act, 1940.

20 Sep 2021

The dispute originated from a construction contract dated 06.02.1988 between M/s Laxmi Continental Construction Co. and the State of U.P., involving e...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Arbitrator's Order on Non-Applicability of 2015 Amendment. The Court held that the Amendment Act of 2015 does not apply to arbitral proceedings commenced before 23 October 2015, and the arbitrator's order refusing extension of time under Section 29A was not amenable to Article 227.

1 Nov 2018

The petitioner, the Chief Engineer of the Public Works Department, Government of Goa, challenged an order dated 06/06/2018 passed by the learned Sole ...

High Court

Bombay High Court Allows Arbitration Reference in Bank Guarantee Dispute — Dealership Agreement Contains Valid Arbitration Clause. The court held that the trial court erred in rejecting the Section 8 application by examining the scope of the arbitration clause, as the bank guarantee was a security under the dealership agreement and the dispute was covered by the arbitration agreement.

11 Apr 2011

The petitioner, Escorts Limited (defendant No.1), filed a Civil Revision Application challenging the order of the 3rd Joint C.J.S.D., Aurangabad, date...

High Court

Bombay High Court Allows Appeals Against Remand Order in Arbitration Matters — Single Judge Exceeded Jurisdiction Under Section 34 by Setting Aside Award and Remanding for Reconsideration Without Finding Award to Be Void or Inoperative. The Court Held That Section 34 of the Arbitration and Conciliation Act, 1996, Does Not Confer Power of Remand; Only Remedies Are to Uphold, Modify, or Set Aside the Award.

25 Jun 2013

The appellant, Geojit Financial Services Limited (now Geojit BNP Paribas Financial Services Limited), a stock broker registered with the National Stoc...

High Court

Bombay High Court Partially Allows Contractor's Petition and Dismisses State's Petitions in BOT Contract Dispute — Extension of Concession Period and Damages for Suspension of Toll Collection Upheld. The court upheld the arbitral tribunal's interpretation of the BOT contract regarding extension of concession period and damages, finding no error apparent on the face of the award under Section 30 of the Arbitration Act, 1940.

12 Feb 2015

The judgment concerns three arbitration petitions arising from two arbitral awards under the Arbitration Act, 1940, relating to a Build, Operate and T...

Supreme Court

Supreme Court Considers Appeal Against High Court Judgment Dismissing Challenge to Arbitral Award in Bill Discounting Dispute — Contractual Interest Rate of 36% Per Annum with Monthly Rests Upheld. High Court's Upholding of Arbitral Award on Interest Rate Based on Mutual Agreement Between Commercial Parties and Not Opposed to Public Policy.

1 Jan 1970

The dispute arose from a bill discounting facility extended by the respondent to a seller (BDDL) and buyer (appellant) of goods. The appellant and BDD...

High Court

Bombay High Court Dismisses State's Appeal in Arbitration Case. Court upholds arbitral award allowing contractor's claims for hidden expenses and interest, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

1 Feb 2013

The State of Maharashtra, through the Irrigation Department, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challengi...

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