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Search Results for "reference to arbitration"

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High Court

Madras High Court Sets Aside Conditional Order in Section 8 Application — Trial Court Exceeded Jurisdiction by Imposing Conditions While Referring Dispute to Arbitration. The court held that under Section 8 of the Arbitration and Conciliation Act, 1996, the court's role is limited to referring parties to arbitration and cannot impose interim conditions, which are governed by Sections 9 and 17 of the Act.

23 Jan 2026

The case arises from a civil revision petition filed by the defendants (petitioners) against an order of the Principal District Munsif at Puducherry d...

High Court

High Court of Karnataka Allows Appeal Under Section 37(1)(a) of Arbitration Act Against Rejection of Section 8 Application in Salary Recovery Suit. Employer's Application for Reference to Arbitration Allowed as Employment Contract Contained Arbitration Clause.

5 Nov 2020

The respondent, Mohan Kumar Thakur, filed a suit for recovery of salary dues and other amounts totaling Rs. 66,13,717/- with interest against his empl...

High Court

Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

9 Sep 2019

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Reference to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Filing of Written Statement Does Not Waive Right to Seek Arbitration.

3 Jun 2019

The petitioner, M/S Alang Metal Exim Pvt. Ltd., filed a money suit (O.S.No.3749/2013) against the respondents, MSTC Limited and The Fertilizers & Chem...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Section 8 Application in Partnership Dispute — Arbitration Clause Held Applicable to Disputes Between Partners and Third Parties Involved in Fraudulent Conveyance. The court held that the arbitration clause in the partnership deed covered disputes relating to the partnership firm and its property, including allegations of collusion with third parties, and directed reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

16 Feb 2017

The case involves a civil revision application filed by the original defendant nos. 1 to 6 in Special Civil Suit No. 835 of 2015 pending before the tr...

High Court

Bombay High Court Dismisses Petition for Reference to Arbitration in MOFA Suit Involving Non-Signatory Parties. Arbitration Clause Cannot Be Invoked When Suit Seeks Statutory Reliefs Against Developer and Municipal Corporation Under Maharashtra Ownership of Flat Act, 1963.

5 Aug 2013

The petitioner, Shah & Mody Developers, was the defendant in a suit filed by the respondents (Alka Ketan Shah and others) in the City Civil Court, Din...

High Court

Bombay High Court Allows Arbitration Petition Under Section 8 of Arbitration and Conciliation Act, 1996 — Dispute Referred to Arbitration as Shareholders Agreement Contains Valid Arbitration Clause. The court held that the respondents, being parties to the shareholders agreement, must be referred to arbitration despite the petitioner not being a party to that agreement.

4 Oct 2012

The petitioner, Rohini Industrial Electricals Limited, filed an Arbitration Petition under Section 8 of the Arbitration and Conciliation Act, 1996, se...

High Court

Bombay High Court Allows Petition to Refer Dispute to Arbitration in Family Settlement Matter. Dispute regarding implementation of Escrow Agent directions under Indenture of Family Settlement held arbitrable under Sections 5 and 8 of Arbitration and Conciliation Act, 1996.

28 Jul 2011

The petitioners, Basant Lall Shaw and Arbind Kumar Jayaswal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

High Court

Bombay High Court Allows Arbitration Reference in Bank Guarantee Dispute — Dealership Agreement Contains Valid Arbitration Clause. The court held that the trial court erred in rejecting the Section 8 application by examining the scope of the arbitration clause, as the bank guarantee was a security under the dealership agreement and the dispute was covered by the arbitration agreement.

11 Apr 2011

The petitioner, Escorts Limited (defendant No.1), filed a Civil Revision Application challenging the order of the 3rd Joint C.J.S.D., Aurangabad, date...

High Court

Bombay High Court Allows Arbitration Petition Under Section 8 of Arbitration and Conciliation Act, 1996 — Disputes Between Landowners and Housing Society Referred to Arbitration. Court Holds That Existence of Arbitration Clause in Development Agreement Mandates Reference Despite Pending Suit.

19 Nov 2010

The petitioners, who are the trustees of Framjee Dinshaw Petit Parsee Sanitorium and owners of land on which a building for respondent No.1, a co-oper...

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