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Bombay High Court Sets Aside Arbitral Award for Violation of Natural Justice in NSEIL Dispute. Arbitrator Failed to Offer Hearing Despite Claim Exceeding Rs.25,000, Breaching Rule 5.10 of NSEIL Trading Regulations.

The petitioner, Milaan C. Jhaveri, challenged an arbitral award dated 20 April 2009 passed by a sole arbitrator under Section 34 of the Arbitration an...

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Bombay High Court Upholds Arbitral Award for Liquidated Damages in Trainee Bond Dispute — Liquidated Damages of Rs. 2 Lakhs Upheld as Reasonable Pre-Estimate of Loss

The petitioners, Madhur Pandey (trainee) and his guarantors (mother and aunt), challenged an arbitral award dated 7 September 2011 passed by a sole ar...

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High Court Dismisses Petition Challenging Arbitral Award on Liquidated Damages for Delayed and Undelivered LPG Cylinders. Arbitrator's interpretation of contractual clauses upheld as not contrary to public policy under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. R.M. Cylinders Private Limited, challenged an arbitral award dated 30 August 2010 passed by a sole arbitrator under Section 34 of...

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Bombay High Court Dismisses Preliminary Objection on Jurisdiction in Arbitration Petition. Exclusive Jurisdiction Clause in Member-Client Agreement Conferring Jurisdiction on Mumbai Courts is Valid and Binding.

The petitioner, SPS Share Brokers Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arb...

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Bombay High Court Dismisses State's Appeal Against Arbitral Award in Construction Contract Dispute. Court upholds rejection of Section 34 application, finding no patent illegality in award allowing contractor's claims despite alleged non-compliance with monthly claim submission clause.

The State of Maharashtra, through the Executive Engineer, appealed against an order of the District Judge-9, Pune, dated 5th July 2007, which rejected...

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High Court Dismisses Appeal by Municipal Corporation Against Arbitral Award in Octroi Collection Contract Dispute. Court Upholds Arbitrator's Finding of Breach by Corporation and Award of Damages with Interest Under Section 37 of the Arbitration and Conciliation Act, 1996.

The Solapur Municipal Corporation (appellant) entered into an agreement with M/s. Garuda Aviation Services Pvt. Ltd. (respondent) for collection of oc...

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Bombay High Court Allows Appeals Under Section 37 of Arbitration Act, Restoring Arbitral Award in Shareholder Dispute. Court Holds That Single Judge Exceeded Jurisdiction Under Section 34 by Reappreciating Evidence and Substituting His Own View.

The case involves two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by M/s. Goldstar Metal Solutions Pvt. Ltd. and M/s...

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Bombay High Court Dismisses Appeals Against Arbitral Award in Partnership Dispute — Upholds Valuation Based on Book Value as Per Partnership Deed. Clause-11 of Partnership Deed Mandates Asset Valuation on Book Value Basis, Not Market Value, Under Section 48 of Indian Partnership Act, 1932.

The case involves two appeals filed by Dr. Vijaypat Singhania and others (Appeal No. 361 of 2010) and Dr. Gaur Hari Singhania and others (Appeal No. 5...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Property Dispute — No Grounds for Interference Under Section 34 of Arbitration Act as Findings Are Not Perverse or Contrary to Public Policy.

The case involves a challenge to an arbitral award passed in a dispute over an agreement to sell immovable property. The petitioners (claimants before...