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Search Results for "arbitration mandate"

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High Court

Bombay High Court Allows Arbitration Appeal Against Vacation of Stay on Bank Guarantee Invocation. Court holds that the arbitral tribunal's interim order under Section 17 of the Arbitration and Conciliation Act, 1996, granting stay on invocation of performance bank guarantees, cannot be vacated solely on the ground of balance of convenience when there is a serious dispute regarding the underlying contract and the invocation is alleged to be fraudulent.

10 Sep 2025

The appellant, M/s. Pinnacle Teleservices Pvt. Ltd., filed an arbitration appeal against the order dated 27-08-2024 passed by the learned District Jud...

High Court

Bombay High Court Dismisses Railway's Appeal Against Interim Stay of Termination Notice in Arbitration Dispute. Section 9 of Arbitration and Conciliation Act, 1996 grants wide power to courts to grant interim measures to protect the subject matter of arbitration, including stay of termination pending constitution of arbitral tribunal.

30 Jul 2021

The case involves two arbitration appeals filed by the Deputy Chief Engineer (Construction), Central Railway, Bhusawal (appellant) against orders pass...

High Court

Bombay High Court Dismisses Petitions by Non-Signatories Under Section 37 of Arbitration Act. Third Parties Cannot Appeal Interim Arbitral Orders Absent Privity of Arbitration Agreement.

31 Aug 2018

The dispute arose from arbitration proceedings between Excel Metal Processors Pvt. Ltd. (respondent no.1) and Shakti International Private Limited (re...

Supreme Court

Supreme Court Dismisses Cantonment Board's Appeal in Arbitration Appointment Dispute. Limitation period for Section 11 application under Arbitration and Conciliation Act, 1996 runs from date of refusal to appoint arbitrator, not from request date, under Article 137 of Limitation Act, 1963, and no claim certificate does not extinguish arbitration clause.

15 Mar 2021

The dispute arose from three contracts dated 23.09.2000 and 17.09.2001 between Secunderabad Cantonment Board (appellant) and M/s B. Ramachandraiah & S...

High Court

High Court of Bombay Considers Maintainability of Section 14(2) Petition Against Sole Arbitrator's Order Rejecting Substitution of Legal Heirs in Partnership Arbitration. Court examines whether dismissal of impleadment application as time-barred amounts to termination of mandate under Section 14(2) of Arbitration and Conciliation Act, 1996.

12 Feb 2019

Background: The matter arose from partnership disputes concerning the firm 'Sanghavi Brothers'. The original claimant, father of the petitioners, had ...

High Court

Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award in Price Escalation Dispute. Interpretation of price escalation clause by arbitral tribunal found patently illegal as it ignored the contractual formula, leading to setting aside of award under Section 34 of Arbitration and Conciliation Act, 1996.

3 Aug 2022

The case involves a challenge under Section 37 of the Arbitration and Conciliation Act, 1996 against a judgment dated 31st March 2017 passed by a lear...

Supreme Court

Supreme Court Considers Appeal Against High Court Judgment Dismissing Challenge to Arbitral Award in Bill Discounting Dispute — Contractual Interest Rate of 36% Per Annum with Monthly Rests Upheld. High Court's Upholding of Arbitral Award on Interest Rate Based on Mutual Agreement Between Commercial Parties and Not Opposed to Public Policy.

1 Jan 1970

The dispute arose from a bill discounting facility extended by the respondent to a seller (BDDL) and buyer (appellant) of goods. The appellant and BDD...

High Court

Bombay High Court Dismisses Petition for Reference to Arbitration in MOFA Suit Involving Non-Signatory Parties. Arbitration Clause Cannot Be Invoked When Suit Seeks Statutory Reliefs Against Developer and Municipal Corporation Under Maharashtra Ownership of Flat Act, 1963.

5 Aug 2013

The petitioner, Shah & Mody Developers, was the defendant in a suit filed by the respondents (Alka Ketan Shah and others) in the City Civil Court, Din...

High Court

Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award on Limitation Grounds — Upholds Arbitrator's Finding That Claim Was Within Limitation Based on Continuous Course of Dealing and Acknowledgment of Liability. The Court restored the award of Rs. 27,07,883 for brokerage under clause 13 of the agreement, holding that the Single Judge erred in interfering with the arbitrator's plausible finding on limitation.

8 Feb 2017

The appellant, M/s. Jethmal Mulji Thakkar, a brokerage firm, entered into an agreement with the respondent, Maharashtra State Cooperative Marketing Fe...

High Court

Bombay High Court Allows Appeal in Arbitration Case — Holds That Death of Named Sole Arbitrator Does Not Invalidate Arbitration Agreement; Court Can Appoint Substitute Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996. The court set aside the Single Judge's order dismissing Section 9 application and remanded for fresh consideration.

15 Jun 2010

The appellant, Khorshed E. Nagarwalla, filed an appeal against an order of a learned Single Judge of the Bombay High Court dismissing her application ...

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