Search Results for "commercial arbitration application"

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Search Results for "commercial arbitration application"

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High Court

Bombay High Court Dismisses Arbitration Application in Development Agreement Dispute Due to Novation Extinguishing Arbitration Clause. Deed of Novation Substituted Original Agreement Without Arbitration Clause, No Prima Facie Arbitration Agreement Exists Between Applicant and Respondents.

9 Oct 2025

The applicant, M/s. Mukesh Patel and Ors., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of...

High Court

High Court of Karnataka Allows Commercial Appeal in Arbitration Matter — Sets Aside Order Dismissing Section 34 Petition. Court holds that the Commercial Court erred in dismissing the petition under Section 34 of the Arbitration and Conciliation Act, 1996, as the award was patently illegal for ignoring contractual terms and failing to consider the appellant's counterclaim.

14 Mar 2025

The present appeal arises from a commercial dispute between M/s. Strategic Infra Services Pvt. Ltd. (appellant) and Mphasis Limited (respondent). The ...

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...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Shareholder Dispute Over Hotel Company Exit — Holds That Arbitrator Exceeded Jurisdiction by Granting Relief Beyond Scope of Reference and Without Proper Valuation.

12 Jul 2024

The judgment pertains to two Commercial Arbitration Petitions arising from an arbitral award dated 5th April 2016. The petitioners (Panchamias Group a...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Sole Arbitrator in Insurance Claim Dispute — Flood Damage Claim Referred to Arbitration Despite Surveyor's Inaction. The court held that the existence of an arbitration clause in the insurance policy mandates referral to arbitration, and the surveyor's failure to finalize the claim does not bar arbitration under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Nov 2022

The applicant, M/s. Mallak Specialities Pvt Ltd., an export company engaged in manufacturing specialty chemicals, held a Standard Fire and Special Per...

Supreme Court

Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. The court allowed the petition after the petitioners paid stamp duty and penalty under the Karnataka Stamp Act, 1957, curing the defect in the unstamped Hotel Management Agreement containing the arbitration clause.

25 Jan 2022

The petition was filed under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, by Intercontinental Hotels Group...

High Court

Bombay High Court Dismisses Stay Application in Arbitral Award Challenge — No Automatic Stay Under Section 36 of Arbitration Act Without Strong Prima Facie Case. Court holds that mere filing of Section 34 petition does not warrant stay; applicant must demonstrate irreparable harm and balance of convenience.

14 Dec 2020

The judgment concerns an interim application filed by Kishor N Shah and others (the Shahs) under Section 36 of the Arbitration and Conciliation Act, 1...

High Court

High Court of Bombay at Goa Allows Section 9 Petition for Interim Relief in Iron Ore Sale Dispute. Petitioner granted injunction restraining respondent from drawing on bank guarantees and ordered to maintain status quo on letter of credit.

12 Jun 2017

The petitioner, M/s. Vedanta Limited (formerly Sesa Sterlite Ltd), a company engaged in extraction, sale and export of iron ore, entered into a Master...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Contract Dispute — Upholds Award on Most Claims but Sets Aside Interest Rate. Dispute arose from delays in crude distribution system project; court held that arbitrator's findings on delay and damages were not perverse but interest rate of 18% was excessive and reduced to 9%.

30 Oct 2015

The petitioner, Indian Oil Corporation Ltd., challenged an arbitral award dated 30 June 2005 under Section 34 of the Arbitration and Conciliation Act,...

High Court

Bombay High Court Terminates Arbitrator Mandate Due to Expiry of Time Limit Under Arbitration Clause — Failure to Complete Arbitration Within Stipulated Period Results in Termination of Arbitrator's Authority. The court held that the mandate of the arbitrator stood terminated under Section 14(2) of the Arbitration and Conciliation Act, 1996, as the arbitration was not completed within the time limit prescribed in clause 21 of the agreement.

1 Mar 2012

The petitioner, Teltech Instrumentation Pvt. Ltd., filed an arbitration petition under Section 14(2) of the Arbitration and Conciliation Act, 1996, se...

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