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Bombay High Court Allows Appointment of Arbitrator in Development Dispute — Consent Terms Creating Arbitration Agreement Are Valid and Enforceable Under Section 11 of the Arbitration and Conciliation Act, 1996. Court Appoints Substitute Arbitrator When Named Arbitrator Did Not Enter Upon Reference.

The applicant, Mohan Balkrishna Lulla, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an a...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Partnership Retirement Dispute. The Court Examines Whether the Arbitrator Erred in Rejecting Petitioners' Claims and Imposing Costs Under the Arbitration and Conciliation Act, 1996.

Background: The dispute arose out of a partnership firm, M/s. Prospective Traders, constituted in 1977 by three family trusts. In 1985, the petitioner...

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Bombay High Court Allows Appointment of Arbitrator in Iron Ore Sale Dispute Under Section 11(6) of Arbitration and Conciliation Act, 1996. Court holds that existence of arbitration clause in MOU and failure of respondent to appoint arbitrator entitles applicant to seek court's intervention.

The applicant, M/s. Hira Steel Limited, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of...

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Bombay High Court Dismisses Writ Petition Challenging Arbitrator's Order Rejecting Stamp Duty Objection. Arbitrator has power to impound insufficiently stamped agreement under Section 33 of Maharashtra Stamp Act as a person in charge of a public office.

The petitioners, Milind Dattatraya Mahajan and others, filed a writ petition challenging an order dated 8.4.2018 passed by the learned sole Arbitrator...

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Supreme Court Restores Arbitral Award in Coal Supply Dispute, Upholds Plausible Contract Interpretation. High Court Exceeded Section 37 Jurisdiction by Substituting Its Own Construction of Coal Mining and Delivery Agreement.

The dispute arose from a Coal Mining and Delivery Agreement (CMDA) executed on 16.07.2008 between Parsa Kente Collieries Limited (appellant) and Rajas...

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High Court of Bombay Hears Section 34 Petition Challenging Arbitral Award Regarding Liability for Defects in Gas Turbine Generators. Award Deals with Claims for Damages Due to Breakdown and Repair Costs Under a Turnkey Contract.

The dispute arises from a contract between Thermax Limited (Petitioner) and Rashtriya Chemicals & Fertilizers Ltd. (Respondent) for the turnkey instal...

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Bombay High Court Dismisses Guarantor's Challenge to Ex-Parte Arbitral Awards in Favor of Tata Capital Financial Services Limited. Lack of Proper Service and Limitation Barred Setting Aside of Awards Under Section 34 of the Arbitration and Conciliation Act, 1996.

The judgment concerns four arbitration petitions filed by Sawarmal Gadodia, a guarantor, challenging ex-parte arbitral awards passed against him in fa...

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Cases. Court upholds enhanced compensation based on market value and potential use under National Highways Act, 1956.

The National Highways Authority of India (NHAI) filed four arbitration appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challen...