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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Power of Review Under Arbitration Act. Review petition against judgment setting aside arbitral award dismissed as Arbitration Act is a self-contained code with no review provision, and Section 5 limits judicial intervention.

The review petitioner, Kalpataru Power Transmission Ltd., sought recall of the judgment dated 8 November 2019 in Commercial Arbitration Petition No. 3...

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ARBITRATION PETITION NO. 56 OF 2013

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Supreme Court Examines Vires of Tribunals Reforms Act, 2021 Amidst Concerns Over Judicial Independence. Petitioners Argue That Provisions on Appointment, Tenure, and Removal of Tribunal Members Undermine the Constitutional Balance of Power.

The judgment involves a batch of writ petitions challenging the vires of the Tribunals Reforms Act, 2021. The petitioners, led by the Madras Bar Assoc...

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Supreme Court Upholds 2020 Tribunal Rules with Modifications to Ensure Judicial Independence. Court directs changes to Search-cum-Selection Committee composition and member qualifications to align with constitutional principles.

The Supreme Court of India was called upon to decide the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualificat...

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NCLAT Adjudicates Appeals Against NCLT Orders Directing Replacement of Resolution Professional. Issues Pertain to Applicability of Sections 97 and 98 of IBC to Part II CIRP and Interpretation of IBBI Bye-law 23A.

The appeals arise from insolvency proceedings of Hindusthan National Glass & Industries Limited. The Corporate Insolvency Resolution Process (CIRP) be...

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WRIT PETITION (ST) NO. 20304 OF 2019

The petitioners, engineering graduates from universities other than the University of Mumbai, filed a writ petition under Article 226 of the Constitut...

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Supreme Court Considers Scope of Section 45 of Arbitration and Conciliation Act in International Commercial Disputes. Multiple Issues Framed on Reference to Arbitration in Multi-Party Joint Venture Agreements.

The dispute arose from a series of joint venture and ancillary agreements executed between Indian company Chloro Controls (I) P. Ltd. and foreign coll...