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Supreme Court Allows Arbitration Appointment Despite Limitation Bar — Scope of Section 11(6A) Confined to Existence of Arbitration Agreement. The 2015 Amendment Act restricts court's role to checking arbitration agreement existence, leaving limitation and other issues to arbitrator under Section 16.

The dispute arose from an agreement dated 21.12.2010 between M/s. Uttarakhand Purv Sainik Kalyan Nigam Limited (Petitioner-Contractor) and Northern Co...

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Bombay High Court Allows Appointment of Arbitrator Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Prior Conciliation Under MSMED Act, 2006 — Council's Failure to Refer to Arbitration Does Not Bar Court's Power

The petitioner, M/s. Microvision Technologies Pvt. Ltd., a company registered under the Indian Companies Act, 1956, had entered into a contract with t...

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Bombay High Court Grants Interim Injunction Against Trademark Infringement in Favor of Plaintiff. Passing Off Claim Deferred Due to Pending Rectification Proceedings Under Section 124 of Trade Marks Act, 1999.

The plaintiffs, Hem Corporation Pvt. Ltd. and three individuals (erstwhile partners of a firm), filed a suit for trademark infringement and passing of...

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Bombay High Court Allows Writ Petition Against Civil Court Order Refusing Reference to Arbitration in Dealership Dispute. Arbitration Clause in Agreement Mandates Reference Under Section 8 of Arbitration and Conciliation Act, 1996.

The case involves a dispute between Hindustan Petroleum Corporation Ltd. (HPCL) and its dealer, M/s. Parshwa Auto Center. HPCL had issued a show-cause...