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Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

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Bombay High Court Dismisses Appeal in Section 9 Arbitration Application Due to Lack of Party Identity with Arbitration Agreement. Joint Venture Agreement's Arbitration Clause Does Not Bind Non-Signatory Respondents as They Are Not Parties to the Agreement.

The appeal was filed against the judgment and order dated 2 July 2014 of the learned Single Judge in Arbitration Petition No.66 of 2014, which dismiss...

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Bombay High Court Grants Leave Under Clause XII of Letters Patent, 1865 for Partition Suit Involving Immovable Property Outside Jurisdiction. Part of Cause of Action Within Jurisdiction Sufficient to Confer Jurisdiction Over Entire Suit.

The plaintiff, Jaspal Sawhney, filed a petition seeking leave under Clause XII of the Letters Patent, 1865 to file a suit (L) No. 494 of 2014 against ...

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Bombay High Court Grants Interim Injunction Restraining Invocation of Bank Guarantee in Supply Contract Dispute. Prima Facie Fraud and Irreparable Injury Established by Plaintiff Supplier Against Beneficiary.

The plaintiff, M/s. Arad Metering Technologies Ltd., filed a suit seeking a restraint order against Defendant No.1, Axelia Utility Management Pvt. Ltd...

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Bombay High Court Allows Arbitration Application Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unregistered Partnership Firm. Court Holds That Section 69(3) of Partnership Act, 1932 Does Not Bar Arbitration Reference for Claims Arising from Partnership Disputes.

The applicant, Ezra Victor Aboody, and the respondent, H. Dhanrajgir Estate Pvt. Ltd., entered into a partnership deed on 14 February 2003 for coachin...

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Bombay High Court Allows Petitions Challenging Labour Court Orders Under Section 33C(2) Industrial Disputes Act. Employer-Employee Relationship Must Be Established Before Invoking Section 33C(2) and Cannot Be Decided as Incidental Issue.

The judgment involves two writ petitions challenging orders of the Labour Court under Section 33C(2) of the Industrial Disputes Act, 1947. The petitio...