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Search Results for "arbitration challenge"

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High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restoring Arbitral Award That Declared Termination of Master Asset Purchase Agreement by Repudiation. Court Holds That Single Judge Exceeded Scope of Section 34 by Reappreciating Evidence and Substituting His Own View.

30 Jan 2023

The appeal arises from a dispute between V Hotels Ltd (appellant) and Siddhivinayak Realties Pvt Ltd (respondent no. 1) concerning a Master Asset Purc...

High Court

High Court of Karnataka Dismisses Writ Petition Upholding Maintainability of Arbitral Award Execution before Commercial Court. Execution Petition Held Competent Under Section 10(3) of Commercial Courts Act, 2015 as an Application Arising Out of Arbitration, Overruling Objections Based on Order XXI CPC.

10 Jun 2025

Abraham Memorial Education Trust, the petitioner and judgment debtor, challenged an order of the XI Additional District and Sessions Judge (Dedicated ...

High Court

Bombay High Court Dismisses Commercial Appeal Against Refusal to Amend Arbitration Petition — Amendment Sought to Challenge Arbitral Award as Nullity Rejected as Time-Barred and Without Merit. The Court held that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is not maintainable against an order refusing amendment of a petition, and the amendment was rightly rejected as it was sought after the limitation period had expired.

7 Apr 2017

The case involves a Commercial Appeal filed by Zee Sports Ltd. (now Zee Digital Convergance Ltd.) against Nimbus Media Pte. Ltd. under Section 37 of t...

High Court

Bombay High Court Allows Appeal Against Refusal of Interim Relief in Arbitration Dispute Over Share Pledge and Corporate Guarantee — Holds That Prima Facie Case and Balance of Convenience Favored Appellant for Injunction Against Enforcement of Personal Guarantees and Share Pledge Pending Arbitration.

2 May 2023

The appellant, Palmview Investments Overseas Limited, a company incorporated in the British Virgin Islands, filed an appeal against an order of the Co...

High Court

Bombay High Court Dismisses Enforcement Petition for Foreign Award Citing Lack of Jurisdiction Due to Prior Section 34 Filing. Section 42 of Arbitration and Conciliation Act, 1996 Vests Exclusive Jurisdiction with the Court at Jamkhambalia Where the Section 34 Application Was First Filed.

20 Dec 2010

The petitioners, Pacific Basin Ihx (UK) Ltd., a company incorporated in England engaged in shipping, sought enforcement of a foreign arbitration award...

High Court

Bombay High Court Allows Continuation of Arbitration Proceedings After Amalgamation of Multi-State Cooperative Society into Non-Cooperative Entity. The court held that Section 29A of the Arbitration and Conciliation Act, 1996 does not apply to arbitrations under the Multi-State Co-operative Societies Act, 2002, and that arbitration proceedings survive amalgamation.

20 Mar 2024

The judgment concerns two writ petitions filed by Emerald Realtors Pvt. Ltd. and Dewan Realtors Pvt. Ltd. challenging the continuation of arbitration ...

High Court

Bombay High Court Partially Allows Appeal Against Setting Aside of Arbitral Award in Development Dispute. Court Upholds Damages for Breach but Disallows Compound Interest.

5 Mar 2024

The judgment arises from two arbitration appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a common order dated 25th...

High Court

Bombay High Court Delivers Common Judgment on Cross Appeals Against Order Partly Setting Aside Arbitral Award in BOT Contract Dispute. The Court examines whether the Single Judge correctly assessed claims arising from a Build-Operate-Transfer road project, considering the State's argument on suppressed Office Note and extension of toll collection period.

4 May 2018

These appeals arise out of a common order of a single Judge of the High Court dated 12 February 2015 in three arbitration petitions challenging an arb...

High Court

Bombay High Court Delivers Oral Judgment in Commercial Appeal No. 38 of 2017: Appeal Against Single Judge’s Order Setting Aside Arbitral Award under MSMED Act. Issues of Limitation, Mis-joinder of Causes of Action, and Territorial Jurisdiction Raised in Challenge to Award for Interest on Delayed Payments.

31 Aug 2017

The appellant, M/s. Delton Electricals, a partnership firm and small scale industrial unit, filed Original Application No. 1 of 2005 before the Micro ...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Award in Commodity Brokerage Dispute — Upholds Award of Damages for Unauthorized Trades and Deficiency in Service. The Court held that the arbitrator's findings on breach of contract and negligence were not perverse and did not warrant interference under Section 37 of the Arbitration and Conciliation Act, 1996.

30 Dec 2020

The case involves appeals filed by IFIN Commodities Limited (the appellant-broker) against an arbitral award that had been upheld by a Single Judge un...

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