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High Court

High Court of Karnataka Quashes Commercial Court Order in Arbitration Dispute Over Appointment of Arbitrator — Holds That Section 11(6) Application Under Arbitration Act Is Not Maintainable Before Commercial Court Without Prior Notice Under Section 21.

20 Dec 2024

The petitioners filed a writ petition under Article 227 of the Constitution of India challenging an order dated 12.01.2021 passed by the Commercial Co...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Security for Enhanced Call Price in Share Purchase Dispute — Holds That Emergency Arbitrator's Decision Is Binding and Cannot Be Bypassed by Seeking Parallel Interim Relief from Court. The court found that the petitioners were attempting to circumvent the emergency arbitrator's decision by seeking a different form of security or additional relief, which would undermine the arbitral process.

8 Oct 2024

The petitioners, Ashok Kumar Goel and Vyoman India Private Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, se...

High Court

Bombay High Court Sets Aside Industrial Court Stay on Promotion/Transfer Order in Newspaper Company Dispute — Transfer as Condition of Service Upheld in Absence of Malafides. Court holds that Industrial Court cannot interfere with transfer order issued in exigencies of service when transfer is an express condition of employment and no prima facie case of malafide is made out.

2 Jul 2024

The Bombay High Court dealt with a petition challenging an interim order of the Industrial Court, Thane, which temporarily restrained the petitioners ...

High Court

Bombay High Court Allows Writ Petition Challenging Co-operative Court Order in Redevelopment Dispute — Society's General Body Resolution for Redevelopment Upheld Over Member's Challenge. The court held that a dispute under Section 91 of the Maharashtra Co-operative Societies Act, 1960 must touch the business of the society, and a challenge to a General Body resolution for redevelopment does not fall within its purview.

23 Jun 2023

The petitioner, Nutan Jaibharat Co-operative Housing Society Limited, a co-operative housing society with 47 members, filed a writ petition challengin...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Appointment Dispute Due to Appellant's Delay and Inaction. High Court's Refusal to Appoint Arbitrator Under Section 11(6) of Arbitration and Conciliation Act, 1996 Upheld as Appellant Slept Over Petition and Participated in Arbitral Proceedings, Leading to Ex Parte Award.

4 Jan 2022

The appeal arose from a dispute between parties over a contract agreement containing arbitration clauses 63 and 64. The appellant's tender was accepte...

High Court

Bombay High Court Allows Arbitration Petition in Redevelopment Dispute — Dissenting Member Cannot Obstruct Majority Decision for Dilapidated Building. Court Appoints Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 to Resolve Dispute Between Developer, Society, and Dissenting Member.

12 Mar 2021

The Bombay High Court dealt with an arbitration petition filed by Chirag Infra Projects Pvt Ltd, the developer, against Vijay Jwala Cooperative Housin...

High Court

Bombay High Court Dismisses Appeals Against Appointment of Receiver in Share Pledge Dispute. Court upholds appointment of Court Receiver as receiver of pledged shares under Section 9 of the Arbitration and Conciliation Act, 1996, finding that the appellant failed to make out a prima facie case for interference.

10 Aug 2019

The case involves two commercial appeals filed against an order of the learned Single Judge appointing the Court Receiver as receiver of certain pledg...

High Court

Bombay High Court Allows Appointment of Receiver Under Section 9 of Arbitration Act to Secure Claim of Lender Against Defaulting Borrower and Guarantors. The court held that where a borrower defaults and fails to disclose assets, appointment of receiver is necessary to prevent the arbitral award from becoming a paper decree.

7 Jan 2014

The petitioner, L&T Finance Limited, filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking appointment ...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Partnership Dispute — Appellant's Absence No Ground to Set Aside Section 17 Order. Court upholds order directing redeposit of funds and restraining interference with firm's business, holding that the Tribunal acted within its jurisdiction to preserve assets.

9 Apr 2012

The case involves a partnership dispute between Leslie David Isaac (appellant) and Bahadur Bapuji Sanjana (respondent) concerning the firm Elektronik ...

High Court

Bombay High Court Allows Petition to Refer Dispute to Arbitration in Family Settlement Matter. Dispute regarding implementation of Escrow Agent directions under Indenture of Family Settlement held arbitrable under Sections 5 and 8 of Arbitration and Conciliation Act, 1996.

28 Jul 2011

The petitioners, Basant Lall Shaw and Arbind Kumar Jayaswal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

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