Search Results for "arbitral tribunal jurisdiction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "arbitral tribunal jurisdiction"

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High Court

Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Contract Dispute. Court holds that invocation of unconditional bank guarantees must be honoured unless there is clear fraud or irretrievable injustice, and disputes over contract termination do not constitute fraud.

22 Mar 2022

The Appellant, Reliance Infrastructure Limited, entered into a contract with Respondent No.1, NLC India Limited, for the supply of coal under a Letter...

High Court

Bombay High Court Allows Condonation of Delay in Arbitration Petition Under Section 14 of Limitation Act. Time spent in earlier proceeding before court lacking jurisdiction excluded, delay of 144 days condoned.

12 Mar 2019

The applicant, M/s Globe Capital Market Ltd., filed a notice of motion in an arbitration petition seeking condonation of delay of 144 days in filing t...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Appointment of Court Receiver for Possession of Flats for Demolition and Reconstruction. Court holds that disputes regarding redevelopment of a cooperative housing society are not arbitrable under the Arbitration and Conciliation Act, 1996, as they involve statutory rights and obligations under the Maharashtra Cooperative Societies Act, 1960.

18 Mar 2013

The petitioner, Bharat Infrastructure and Engineering Pvt. Ltd., a builder and developer, filed a petition under Section 9 of the Arbitration and Conc...

High Court

High Court of Bombay Dismisses Developer's Suit to Restrain Invocation of Bank Guarantee — No Prima Facie Case of Fraud or Irreparable Injury Established. The court held that an unconditional bank guarantee cannot be restrained except in cases of established fraud or irretrievable injustice, which the plaintiff failed to prove.

22 May 2020

The plaintiff, Kryshnajay Developers Private Limited, filed a suit seeking a declaration that the invocation of a bank guarantee by the defendants (Ka...

Tribunals

NCLAT Allows Section 95 Application Against Personal Guarantors in IBC Case — Limitation Period for Filing Application Under Section 95 Commences from Date of Default in Demand Notice Under Guarantee Contract, Not from Date of NCLT Order Admitting Corporate Debtor. The court held that the limitation for filing an application under Section 95 of the Insolvency and Bankruptcy Code, 2016 against a personal guarantor runs from the date of default in the demand notice under the guarantee contract, and not from the date of the NCLT order admitting the corporate debtor.

22 Oct 2024

The National Company Law Appellate Tribunal (NCLAT) at Chennai, by a common judgment dated 22.10.2024, allowed two appeals filed by the State Bank of ...

Supreme Court

Supreme Court Dismisses Appeals in MSMED Act Arbitration Cases on Limitation and Counterclaim Issues. The Court held that the Limitation Act, 1963 applies to arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006, and counterclaims are maintainable under Section 23(2A) of the Arbitration and Conciliation Act, 1996, affirming the High Court's remand and arbitrator appointment orders.

29 Jun 2021

The Supreme Court of India addressed two consolidated civil appeals involving arbitration proceedings under the Micro, Small and Medium Enterprises De...

High Court

Bombay High Court Dismisses Application for Perjury Proceedings in Civil Suit Dispute. Alleged False Affidavit and Fabricated Documents Not Material to Main Issue, No Prima Facie Case Under Section 340 CrPC.

30 Oct 2012

The present civil application was filed by CTR Manufacturing Industries Limited (the applicant) in a disposed of appeal from order arising out of Spec...

High Court

Bombay High Court Dismisses Application for Arrest of Judgment Debtor in Execution of Foreign Decree — Conversion Rate for Decretal Amount Must Be Determined Before Arrest. The court held that before ordering arrest under Order 21 Rule 37 CPC, the exact amount payable in Indian rupees must be ascertained when the decree is in foreign currency.

13 Aug 2013

The Bombay High Court dealt with three chamber summons arising out of execution proceedings of a foreign decree. The original suit was filed in Englan...

High Court

Bombay High Court Allows Appeal Against Order Setting Aside Interim Arbitral Award — Arbitrator's Power to Grant Interim Relief Under Section 41(b) of Arbitration Act, 1940 Upheld. The court held that an arbitrator has the power to grant interim relief under Section 41(b) of the Arbitration Act, 1940, and the interim award was valid.

2 May 2006

This is an appeal against an order of a learned single Judge of the Bombay High Court admitting the Appellant's petition under Section 30 of the Arbit...

High Court

Bombay High Court Allows Arbitration Petition Under Section 8 of Arbitration and Conciliation Act, 1996 — Dispute Referred to Arbitration as Shareholders Agreement Contains Valid Arbitration Clause. The court held that the respondents, being parties to the shareholders agreement, must be referred to arbitration despite the petitioner not being a party to that agreement.

4 Oct 2012

The petitioner, Rohini Industrial Electricals Limited, filed an Arbitration Petition under Section 8 of the Arbitration and Conciliation Act, 1996, se...

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