Search Results for "civil suit challenging arbitration"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "civil suit challenging arbitration"

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High Court

Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Development Dispute — Upholds Disclosure Directions but Sets Aside Deposit Orders. The court held that while disclosure orders are permissible under Section 17 of the Arbitration Act, a direction to deposit 30% of sale proceeds without a finding of likelihood of dissipation of assets is not sustainable.

17 Dec 2024

The petitioners, Arun Bhoomi Corporation and Vijay Kanhaiyalal Joshi, filed a Commercial Arbitration Petition under Section 37 of the Arbitration and ...

High Court

Bombay High Court Dismisses Appeals Against Consent Terms Recording Satisfaction of Arbitral Award as Not Maintainable. Execution of Arbitral Award Governed by Arbitration Act, Not Commercial Courts Act; Appeals Confined to Section 37 of Arbitration Act.

14 Dec 2024

The Bombay High Court dismissed three commercial appeals filed by Usha Kakade, Sanjay Kakade, and Kakade Construction Company Pvt. Ltd. against an ord...

Supreme Court

Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

29 Apr 2024

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...

High Court

High Court of Karnataka Allows Revision Petition in Execution Case — Order Dismissing Section 47 Application Set Aside. Execution Court's Failure to Consider Objections Regarding Arbitral Award's Enforceability Constitutes Jurisdictional Error Under Section 115 CPC.

22 Mar 2024

The present Civil Revision Petition was filed under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 19.03.2022 passed by...

High Court

Bombay High Court Allows Removal of Assets in Commercial Suit Despite Arbitration Clause — Interim Relief Granted Under Order 39 CPC. Trial Court Directed to Decide Interim Application on Merits Without Considering Maintainability Based on Arbitration Clause.

7 Aug 2019

The petitioner, INOX Leisure Limited, filed a commercial suit against Indo Pacific Projects Limited seeking recovery of security deposit and permissio...

High Court

Bombay High Court Dismisses Petitioner's Section 34 Challenge to Arbitral Awards in Chit Fund Dispute — Petitioner Failed to Prove Patent Illegality or Violation of Public Policy. Court Upheld Arbitrator's Award of Principal and Interest for Default in Payment of Chit Fund Installments Under Chit Funds Act, 1982.

18 Jul 2019

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging arbitral awards date...

High Court

Bombay High Court Dismisses Second Appeal in Trust Dispute — Upholds Concurrent Findings on Validity of Consent Decree. Court holds that a consent decree passed in a suit for administration of trust is not null and void and can be challenged only on grounds of fraud or collusion, which were not established.

8 Jan 2014

The original plaintiff, Sushilabai Byramji, filed Regular Civil Suit No.63 of 1982 seeking rendition of accounts, execution of trusts, setting aside o...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Warehousing Agreement Dispute — Licensee Not Entitled to Specific Performance or Injunction. Court upholds Arbitrator's finding that the agreement was a license, not a lease, and that claims for specific performance and injunction were barred under Sections 14 and 41(e) of the Specific Relief Act, 1963.

9 Apr 2013

The Petitioner, M/s. Thakker Warehousing Agency, a partnership firm, entered into a warehousing agreement with the Respondent, Maharashtra Small Scale...

High Court

Bombay High Court Allows Petition Challenging Section 9 Jurisdiction in International Commercial Arbitration — Implied Party Finding Set Aside. Part I of Arbitration and Conciliation Act, 1996 applies to pre-BALCO agreements, but non-signatory cannot be treated as implied party without express consent.

11 Jan 2013

The petitioners, GL Asia Mauritius II Cayman Limited and others, filed a writ petition challenging an order dated 21/08/2010 passed by the District Ju...

High Court

Bombay High Court Dismisses Appeal Against Foreign Award Under Section 34 of Arbitration Act — Foreign Award Not Challengeable Under Domestic Provisions. The court held that a foreign award cannot be challenged under Section 34 of the Arbitration and Conciliation Act, 1996, and mere denial of the agreement does not convert it into a domestic award.

28 Feb 2005

The appeal arose from an order of a single judge dismissing the appellant's petition under Section 34 of the Arbitration and Conciliation Act, 1996, c...

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