Search Results for "pre-existing dispute"

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Search Results for "pre-existing dispute"

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Tribunals

NCLAT Allows Interim Deposit in CIRP Challenge Based on Pre-Existing Dispute. Appellant permitted to deposit Rs. 1 crore pending final decision, subject to outcome of appeal under Section 9 of Insolvency and Bankruptcy Code, 2016.

27 Nov 2024

The case involves an appeal filed by B. Parvathaiah, erstwhile director of Vivin Drugs & Pharmaceuticals Pvt. Ltd., against an order dated 11.01.2024 ...

Tribunals

NCLAT Dismisses Appeal Against Rejection of Section 9 Application Due to Pre-existing Dispute and Limitation. Operational Creditor's claim for work done under contract held to be time-barred and disputed, warranting dismissal under Section 9 of Insolvency and Bankruptcy Code, 2016.

30 Nov -0001

The appeal arises from the dismissal of a Section 9 application under the Insolvency and Bankruptcy Code, 2016 (IBC) by the National Company Law Tribu...

Tribunals

NCLAT Dismisses Appeal of Operational Creditor in IBC Section 9 Case Due to Pre-Existing Dispute. Claim for unpaid invoices rejected as Corporate Debtor raised genuine quality dispute before demand notice.

1 Jun 2024

The case involves an appeal filed by APL Apollo Tubes Limited (Operational Creditor) against the rejection of its application under Section 9 of the I...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

18 Nov 2024

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

Supreme Court

Supreme Court Hears Appeal Against NCLAT Order Affirming Admission of Section 9 Insolvency Application. The appeal concerns whether unpaid amounts under an EPC contract constitute operational debt under Section 5(21) of the Insolvency and Bankruptcy Code, 2016, and whether the application was barred by limitation or pre-existing dispute.

1 Jan 1970

The appeal before the Supreme Court arose from the judgment and order dated 01.02.2021 passed by the National Company Law Appellate Tribunal, New Delh...

Supreme Court

Supreme Court Dismisses Challenge to Enforcement of Foreign Award on Grounds of Arbitrator Bias — Upholds High Court Order. Alleged Conflict of Interest of Presiding Arbitrator Not Sufficient to Refuse Enforcement Under Section 48(2)(b) of Arbitration and Conciliation Act, 1996.

4 Mar 2024

The Supreme Court dismissed appeals challenging the enforcement of a foreign arbitral award. The dispute arose from a Share Subscription Agreement bet...

High Court

Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Developer-Society Dispute Over Land Development Agreement. Court holds that a valid arbitration agreement exists and that the petitioner has a strong prima facie case for protection of its rights under the MoU.

2 Mar 2010

The petitioner, Spectrum Estates Private Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief ...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Repudiation of Overseas Mediclaim Policy for Non-Disclosure of Pre-existing Condition Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Hyperlipidaemia at Time of Proposal.

6 Dec 2021

The appellant, Manmohan Nanda, sought an overseas mediclaim policy from United India Assurance Co. Ltd. to travel to the USA for a family wedding. He ...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Family Settlement Memorandum Registration. Court holds that memorandum recording pre-existing family arrangement does not require registration under Indian Registration Act, 1908, and parties acting upon it are estopped from resiling.

31 Jul 2020

The appeal arose from a judgment of the High Court of Punjab and Haryana at Chandigarh in a second appeal, which reversed the first appellate court's ...

Supreme Court

Supreme Court Allows Employer's Appeal in Industrial Disputes Act Case Due to Labour Court's Jurisdictional Overreach. Labour Court Exceeded Authority Under Section 33(C)(2) by Adjudicating Seriously Disputed Employer-Employee Relationship Without Prior Recognition of Claim.

4 Feb 2022

The dispute arose from an application filed by respondent No.2 before the Labour Court under Section 33(C)(2) of the Industrial Disputes Act, 1947, de...

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