Search Results for "Arbitration Act, 1940"

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Search Results for "Arbitration Act, 1940"

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Supreme Court

Supreme Court Upholds Referral to Arbitration Despite Fraud Allegations in Development Agreement Dispute. Arbitration Clause Survives Challenge When Fraud Relates to Inducement Not Affecting Contractual Terms.

19 Aug 2020

The appeal arose from a civil suit filed by Deccan Paper Mills Co. Ltd. (appellant) against Regency Mahavir Properties and others (respondents) seekin...

Supreme Court

Supreme Court Dismisses Appeal of Contractor in Arbitration Dispute Over Interest. Contractual Clauses 50 and 51 of GCC Barred Arbitral Tribunal from Awarding Interest on Delayed Payments Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996.

7 Feb 2019

The dispute arose from a contract awarded to Jaiprakash Associates Ltd. (JAL) by Tehri Hydro Development Corporation India Ltd. (THDC) for execution o...

High Court

Bombay High Court Dismisses Review Petition in Arbitration Matter — No Provision for Review Under Arbitration and Conciliation Act, 1996. Review petition under Section 114 CPC held not maintainable against order under Sections 27(1) and 27(2) of the Act.

16 Oct 2015

The review petitioner, National Insurance Company Limited, filed a review petition under Section 114 of the Code of Civil Procedure, 1908 seeking reca...

High Court

Bombay High Court Hears Section 37 Petition Against Arbitral Tribunal’s Order Permitting Premises Inspection in a Specific Performance Dispute. The Arbitral Tribunal’s Direction Under Section 17 Was Challenged as Beyond Scope and Unnecessary, Raising Questions on Interim Measures for Evidence Gathering Under the Arbitration and Conciliation Act, 1996.

8 Feb 2019

The case involved two arbitration petitions filed by Raymond Limited under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a com...

Supreme Court

Supreme Court Dismisses Appeal Against High Court's Finding of Waiver of Right to Object to Time Extension in Arbitration Proceedings. Held that Participation in Proceedings Without Insisting on Time Limit Constitutes Waiver of Right to Object to Extension of Time.

27 Aug 2019

The appeal arises from a dispute between partners of a partnership firm (appellants) and a company (respondent) regarding an arbitration agreement dat...

High Court

High Court Dismisses Petition Challenging Majority Arbitral Award in Maritime Demurrage Dispute — Claim Time-Barred Under Charterparty Clause 24. The court upheld the majority arbitrators' finding that the demurrage claim was received beyond the 45-day period stipulated in clause 24 of the Tanker Voyage Charterparty, and thus the claim was time-barred.

4 Jan 2012

The petitioner, Axios Navigation Co. Ltd., a shipowner, challenged a majority arbitral award dated 18 August 2008 passed by a three-member Arbitral Tr...

High Court

High Court of Karnataka Dismisses Appeal Against Arbitral Award in Employment Bond Dispute. Compensatory cost clause for premature resignation held not unconscionable under Section 74 of Indian Contract Act, 1872.

17 Mar 2025

The appellants, Mr. Vivek R Nair and Mr. Raveendran Nair, were the plaintiffs in an arbitration suit (AS No.85/2012) before the 6th Additional City Ci...

High Court

Bombay High Court Dismisses MCGM's Appeal Against Arbitral Award in Commercial Dispute — Upholds Single Judge's Refusal to Set Aside Award Under Section 34 of Arbitration Act. Court Holds That Challenge to Arbitral Award on Grounds of Patent Illegality and Public Policy Must Be Based on Clear Violation of Law or Contract, Not Mere Erroneous Application of Law.

22 Dec 2017

The appellant, Municipal Corporation of Greater Mumbai (MCGM), filed a Commercial Appeal under Section 13 of the Commercial Courts Act, 2015 and Secti...

High Court

Bombay High Court Allows Arbitration Appeal in Joint Development Dispute — Agreement for Sale Contains Arbitration Clause. MoU and Allotment Letter Held Interlinked with Main Agreement, Not Separate Contracts, Hence Disputes Referable to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996.

11 Nov 2024

The Appellants (BKS Galaxy Realtors LLP and others) filed an Arbitration Appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challe...

High Court

Bombay High Court Allows Appeal in Arbitration Reference Case — Leave to Defend Application Not a First Statement on Substance of Dispute. Filing of application for leave to defend under Order 37 CPC does not constitute submission of first statement on substance of dispute, and application under Section 8 of Arbitration and Conciliation Act, 1996 filed before written statement is within time.

9 Apr 2018

The appellant, Haier Telecom (India) Pvt. Ltd., was the defendant in a summary suit filed by the respondent, Drive India Enterprise Solutions Ltd., fo...

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