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Bombay High Court Dismisses State's Appeal Against Arbitral Award in BOT Bridge Construction Dispute. Arbitrator's Findings on Extra Work and Interest Upheld as Within Jurisdiction and Not Perverse.

The State of Maharashtra, through the Executive Engineer, Public Works Division, Miraj, filed two appeals under Section 37 of the Arbitration and Conc...

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Supreme Court Upholds Appointment of Arbitrator in Contract Dispute Over Excess Payments and Blacklisting — Limitation Period Not Barred as Dispute Continued and Final Bill Not Rejected.

The case involves a dispute between Gujarat Water Supply and Sewerage Board (the Board) and Saryu Plastics Pvt. Ltd. (the Company) regarding supply co...

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High Court Appoints Arbitrator and Grants Interim Relief in Loan Default Case Under Arbitration and SARFAESI Acts. Applicant Secures Protection for Mortgaged Property in Dispute with Respondents

The High Court of Bombay heard two connected applications filed by Tata Capital Housing Finance Limited against Inderjeet Sahni and others. The first ...

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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 Appeals Against Arbitral Award in Partnership Dispute — Upholds Valuation Based on Book Value as Per Partnership Deed. Clause-11 of Partnership Deed Mandates Asset Valuation on Book Value Basis, Not Market Value, Under Section 48 of Indian Partnership Act, 1932.

The case involves two appeals filed by Dr. Vijaypat Singhania and others (Appeal No. 361 of 2010) and Dr. Gaur Hari Singhania and others (Appeal No. 5...

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High Court of Bombay Allows Bank of India's Petition for Appointment of Arbitrator in Loan Dispute. Dispute Referred to Arbitration Despite Respondent's Claim of Non-Signatory Status, with Jurisdictional Issue Left to Arbitrator.

The judgment arises from a petition filed by Bank of India under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an a...

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Supreme Court Adjudicates Appeal Against High Court's Order Setting Aside Arbitral Award Under Section 37 of Arbitration and Conciliation Act, 1996. Dispute Involves Interpretation of Contractual Notice Requirement as Condition Precedent and Applicability of Waiver and Estoppel in EPC Contract.

The dispute arose from multiple Engineering, Procurement, and Construction (EPC) agreements between SEPCO Electric Power Construction Corporation (con...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

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Bombay High Court Appoints Receiver and Orders Disclosure of Assets in Arbitration Petition for Loan Default. Court grants interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, after consent award cheques are dishonoured.

The Petitioner, Karvy Financial Services Ltd., filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ap...