Search Results for "section 34"

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Search Results for "section 34"

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High Court

High Court of Karnataka Allows Appeal in Commercial Arbitration Dispute Over Supply of Gloves — Restores Arbitral Award with 18% Interest. The Commercial Court's interference with the arbitral award on interest rate and remand for quantification was beyond the scope of Section 34 of the Arbitration and Conciliation Act, 1996.

5 Oct 2023

The appeal arises from a commercial dispute between M/s Ethix Alloy (appellant) and HLL Lifecare Limited (respondent) concerning a contract for the su...

High Court

High Court Quashes Order in Section 34 Arbitration Application Due to Lack of Notice to Claimants. Failure to Issue Notice to Opposite Party Before Passing Order Under Section 34 of Arbitration and Conciliation Act, 1996, Violates Principles of Natural Justice.

14 Sep 2023

The petitioners, legal representatives of late Shivarama Gujjal, filed a writ petition under Articles 226 and 227 of the Constitution of India challen...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award Upholding Termination of LPG Distributorship for Misconduct. The court held that the appellant failed to prove absence of gross misconduct and that the arbitrator's findings were not perverse under Section 34 of the Arbitration and Conciliation Act, 1996.

12 Dec 2013

The appellant, a distributor of Indane Gas under an agreement dated 29th February 2001 with the respondent Indian Oil Corporation Ltd., was alleged to...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Port Development Dispute — Liquidated Damages Claim Rejected Due to Lack of Proof of Actual Loss. The court held that under Section 74 of the Indian Contract Act, 1872, proof of actual loss is necessary for claiming liquidated damages, and the arbitrator's finding was not patently illegal.

10 Dec 2013

The petitioner, Board of Trustees for Jawaharlal Nehru Port, a body corporate under the Major Port Trusts Act, 1963, entered into a licence agreement ...

High Court

Bombay High Court Upholds Arbitral Award of 18% Interest in Commercial Dispute Over Television Serial Production. Court holds that arbitral tribunal's discretion to award interest under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 does not require evidence or reasons beyond the award's reasoning, and 18% is not per se excessive in commercial matters.

5 Dec 2013

The appeal arose from a commercial dispute between Zee Entertainment Enterprises Limited (appellant) and Klassic Studios & Films Private Limited (resp...

High Court

Bombay High Court Sets Aside Arbitral Award Rejecting Counter Claim for Non-Payment of Fees — Arbitral Tribunal Cannot Reject Counter Claim Without Separate Fee Schedule for Counter Claim

3 Dec 2013

The petitioner, M/s Gammon India Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an interim award d...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Awards in Charter Party Disputes — Umpire's Appointment by Consent Valid, No Grounds for Setting Aside Award Under Section 34 of Arbitration and Conciliation Act, 1996. The court held that the umpire's appointment was with consent and the award was not liable to be set aside on grounds of error of law or fact.

2 Dec 2013

The case involves three appeals filed by the Union of India and the Food Corporation of India against orders of a learned Single Judge dismissing thei...

High Court

Bombay High Court Allows Appeal in Arbitration Matter — Interest on Delayed Payments to Small Scale Industry Upheld Under Interest Act, 1993. The Court set aside the arbitrator's denial of interest, holding that the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 mandates payment of interest to small scale industries for delayed payments by buyers, including government companies.

24 Nov 2006

The appellant, Snehadeep Structures Private Limited, a small scale industry registered under the Companies Act, 1956, filed an appeal against the orde...

High Court

Bombay High Court Allows Writ Petition Challenging Levy of Additional Fine for Delayed Registration of Sale Deed. Sub-Registrar Cannot Reopen Registration After Completion and Demand Additional Fine Under Section 34 of the Indian Stamp Act, 1899.

17 Apr 2006

The petitioner purchased landed property by a sale deed dated 25th August 1998. The sale deed was lodged for registration on the same day before the S...

High Court

Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

30 Nov -0001

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...

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