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Bombay High Court Dismisses Challenge to Arbitral Award in MSME Contract Dispute with Railways — Waiver of Section 12(5) Ineligibility Upheld. Petitioner's claim for additional wages dismissed as arbitrator's findings on facts and law were not patently illegal or against public policy.

The petitioner, M/s. Truly Pest Solution Private Limited, a Micro, Small and Medium Enterprise (MSME), was awarded a contract by the Central Railway f...

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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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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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High Court of Karnataka Upholds Labour Commissioner's Order Prohibiting Contract Labour in FCI Depots. Food Corporation of India Held Liable as Principal Employer for Direct Payment of Wages to Workers Under Contract Labour (Regulation and Abolition) Act, 1970.

The case involves three writ petitions filed by the Food Corporation of India (FCI) and its officers, and a partner of a transport company, challengin...

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Karnataka High Court Decides Regular First Appeal Arising from Dismissal of Suit for Declaration of Property Ownership. Property Originally Allotted to a Swamiji Under Mysore Government Scheme and Later Subject to Litigation Over Inheritance and Alleged Fraud.

The appeal arose from the dismissal of a suit for declaration of ownership of immovable property situated in Bangalore. The original plaintiff, C.R. H...

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Supreme Court Upholds Arbitral Award in Contract Dispute Over 'Change in Law' Clause — High Court Exceeded Jurisdiction Under Section 37 of Arbitration Act. Interpretation of contractual clause by Arbitral Tribunal was plausible and not perverse, hence not liable to be set aside under Section 34.

The Supreme Court allowed the appeal filed by South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) against the judgment of the Gauh...

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Bombay High Court Partly Allows Arbitration Petitions Challenging Award on Family Settlement MOU — Upholds Arbitrator's Findings on Interpretation of MOU Clauses but Sets Aside Award on Certain Claims as Beyond Scope of Reference.

The judgment arises from two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a sole arbitrator's awa...

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Bombay High Court Allows Appointment of Arbitrator in Employment Dispute Despite Alleged Full and Final Settlement. Arbitration Clause Survives Termination of Contract and Dispute Regarding Settlement Must Be Decided by Arbitrator.

The applicant, Akshat Madan, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator...