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Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

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Supreme Court Dismisses SEBI's Appeal in Securities Market Violation Case Due to Absence of Question of Law. Tribunal's Factual Findings on Advertisements, Manipulation, and Natural Justice Upheld, with Jurisdiction Under Section 15Z of SEBI Act, 1992 Confined to Legal Issues.

The dispute arose from a statutory appeal under Section 15Z of the Securities and Exchange Board of India Act, 1992, filed by SEBI against the Securit...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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High Court of Bombay Adjudicates Section 34 Petition Against Partial Award on Existence of JEA. The petition challenges an arbitral tribunal's finding that an initialled but unsigned JEA was a valid contract containing an arbitration agreement under Section 7 of the Arbitration Act.

The petition arose out of a partial arbitral award dated January 9, 2014, passed under Section 16 of the Arbitration and Conciliation Act, 1996, which...

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Bombay High Court Examines Validity of Arbitration Reference and Anti-Suit Injunction in Wind Turbine Technology Licensing Dispute. The Core Issue Revolves Around Whether an Unincorporated IPLA Constitutes a Binding Arbitration Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The dispute arose from a joint venture between Enercon (India) Ltd. and its directors (Petitioners) and Enercon GmbH and Wobben Properties GmbH (Respo...

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Bombay High Court Allows Enforcement of Foreign Arbitral Award in Favour of Decree-Holder Against Judgment-Debtors. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 Including Public Policy, Non-Arbitrability, Fraud, Limitation, and Res Judicata.

The applicant, Integrated Sales Services Limited, a Hong Kong-based company, obtained a foreign arbitral award dated 28 March 2010 from an Internation...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Railway Parcel Space Lease Dispute. Court upholds arbitrator's finding that claimant failed to prove termination of contract and is not entitled to refund of security deposit.

The petitioner, Prajapati Gunwant Keshavlal, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral ...

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