Search Results for "consent arbitral award"

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restoring Arbitral Award That Declared Termination of Master Asset Purchase Agreement by Repudiation. Court Holds That Single Judge Exceeded Scope of Section 34 by Reappreciating Evidence and Substituting His Own View.

The appeal arises from a dispute between V Hotels Ltd (appellant) and Siddhivinayak Realties Pvt Ltd (respondent no. 1) concerning a Master Asset Purc...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Service Agreement Dispute. Court holds that an arbitral award granting refund of mobilization advance and damages for breach of contract does not warrant interference under Section 37 of the Arbitration and Conciliation Act, 1996.

The petitioner, Hind Offshore Private Limited, filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order d...

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Bombay High Court Allows Appointment of Arbitrator Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Prior Termination of Arbitral Mandate. Court Holds That Right to Seek Appointment Is Not Extinguished by Termination Where Dispute Remains Unresolved.

The applicant, M/s. Strongwell Construction Company, a partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation ...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Supreme Court Allows Extension of Arbitrator's Mandate Under Section 29A(5) of Arbitration and Conciliation Act, 1996 Even After Award Rendered Beyond Statutory Time Limit -- Court Reverses High Court Decision Setting Aside Award

The Supreme Court allowed the appeal and set aside the High Court's orders, holding that a court can entertain an application under Section 29A(5) of ...

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Bombay High Court Dismisses State's Appeal Against Arbitral Award in Construction Contract Dispute. Court upholds rejection of Section 34 application, finding no patent illegality in award allowing contractor's claims despite alleged non-compliance with monthly claim submission clause.

The State of Maharashtra, through the Executive Engineer, appealed against an order of the District Judge-9, Pune, dated 5th July 2007, which rejected...

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Bombay High Court Allows Petition to Appoint Arbitrator in Shareholder Dispute Under Arbitration Act. Court finds existence of arbitration clause and refers parties to arbitration, appointing former judge as sole arbitrator.

The petitioners, shareholders of a company, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

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Bombay High Court Considers Section 34 Petition by State-Owned Oil Corporation to Set Aside Arbitral Award. Petitioner Alleges That Award Is Vitiated by Fraud Due to Non-Disclosure of Corporate Insolvency Proceedings by Respondent Joint Venture.

The matter arose out of a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Hindustan Petroleum Corporation Ltd., a sta...

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Supreme Court Holds High Court Has Exclusive Jurisdiction Under Section 29A(4) of Arbitration Act for Extension of Time. The term 'Court' in Section 29A(4) is interpreted to mean the High Court, not the Civil Court, to ensure uniformity and avoid multiplicity of proceedings.

The case arose from a dispute between Jagdeep Chowgule (appellant) and Sheela Chowgule & Ors. (respondents) concerning the jurisdiction to entertain a...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Order Terminating Proceedings Under Section 32(2)(c) of Arbitration and Conciliation Act, 1996. Arbitrator's Decision to Terminate Proceedings as Unnecessary and Impossible Upheld as Within Jurisdiction.

The Arbitration Petition was filed by Sheil Properties Private Limited (Petitioner) under Section 14 of the Arbitration and Conciliation Act, 1996, ch...