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High Court of Karnataka Dismisses Revision Petition Against Arbitral Tribunal Order as Not Maintainable Under Section 115 CPC. Arbitral Tribunal Held Not a Court Subordinate to High Court, Hence Revision Not Maintainable.

The petitioner, The Karnataka Jesuit Educational Society, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC)...

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Karnataka High Court Hears Writ Petition Challenging Condonation of Delay in Filing Arbitration Application Under Section 34 of Arbitration Act. Dispute Centers on Whether Limitation Runs from Original Award or Belated Correction Order When Section 33 Application Filed Beyond 30 Days.

The writ petitions challenged the order of the Commercial Court condoning the delay in filing arbitration suits under Section 34 of the Arbitration an...

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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Bombay High Court Allows Arbitration Petition Under Section 14, Setting Aside Arbitrator's Order Dismissing Substitution Application. Arbitrator's Termination of Proceedings on Grounds of Delay Held Perverse, Amounting to Refusal to Perform Functions and Not an Interim Award Under Section 34.

The dispute arose from a partnership firm where the original claimant, father of the petitioners, had initiated arbitration proceedings in 2004. After...

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Madras High Court Allows Revision Petition Challenging Return of Section 34 Petition for Lack of Jurisdiction — Holds That Exclusive Jurisdiction Clause in Contract and Prior Section 9 Filing at Salem Confer Jurisdiction on Salem Courts Under Section 42 of Arbitration and Conciliation Act, 1996.

The revision petitioner, Waterbury Farrel, a division of Magnum Integrated Technologies Inc., Canada, filed Arb.O.P.No.103 of 2019 before the Principa...

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Bombay High Court Allows Appointment of Arbitrator in Slum Rehabilitation Dispute Between State of Maharashtra and Developer. Court Holds That Existence of Arbitration Clause and Failure of Respondent to Appoint Arbitrator Justifies Appointment Under Section 11 of Arbitration and Conciliation Act, 1996.

The State of Maharashtra filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to reso...