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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator in Construction Contract Dispute. Work Order Containing Arbitration Clause Constitutes Valid Arbitration Agreement Between Contractor and Property Owner.

The petitioner, M/s. Shilpi Constructions Engineers & Contractors, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, se...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Construction Contract Dispute. Arbitration Clause in Works Contracts Held Valid and Disputes Referable to Arbitration.

The applicant, Gold Prism Realty Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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Bombay High Court Dismisses Guarantor's Challenge to Ex-Parte Arbitral Awards in Favor of Tata Capital Financial Services Limited. Lack of Proper Service and Limitation Barred Setting Aside of Awards Under Section 34 of the Arbitration and Conciliation Act, 1996.

The judgment concerns four arbitration petitions filed by Sawarmal Gadodia, a guarantor, challenging ex-parte arbitral awards passed against him in fa...

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Bombay High Court Dismisses Insurer's Challenge to Arbitral Award in Marine Insurance Claim. The Court upheld the arbitrator's finding that goods destroyed by fire at a CFS warehouse were covered under the FOB clause of the Marine Cargo Open Policy.

The case involves a challenge by Tata AIG General Insurance Company Limited (the petitioner/insurer) to an arbitral award passed in favor of M/s. Manh...

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Bombay High Court Allows Mutation and Quashes Demand for Unearned Income in B1 Category Land Transfer Cases. State cannot insist on NOC or demand unearned income without statutory authority under the Maharashtra Land Revenue Code, 1966.

The judgment concerns two writ petitions challenging the State Government's actions regarding B1 category land. In Writ Petition No.2378 of 2018, the ...

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Bombay High Court Allows Section 11 Application and Appoints Arbitrator in Commercial Dispute Over Termination of Procurement Agreement. Pre-Arbitral Negotiation Clause Held Not Mandatory Condition Precedent Under Section 11 of the Arbitration and Conciliation Act, 1996.

This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 filed by Tech Mahindra Ltd. against Tata Communications Transfor...

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Bombay High Court Allows Refund of Court Fees in Suit Settled by Consent Terms. The phrase 'claim for repayment' in Section 43(1) proviso of Maharashtra Court Fees Act, 1959 refers to the application to the court for refund order, not the subsequent certificate application.

The suit was filed in 2014 by Bai Mamubai Bhimji Bhanji Trust and others against Neelkanth Mansions & Infrastructure Pvt Ltd. On 28 October 2014, the ...