Search Results for "Arbitration Act, 1940"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Arbitration Act, 1940"

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High Court

High Court of Karnataka Allows Appeal Against Interim Injunction in Commercial Dispute Under Section 9 of Arbitration Act — Injunction Granted Without Considering Balance of Convenience and Irreparable Injury Set Aside. The court held that an interim injunction under Order 39 Rules 1 and 2 CPC requires satisfaction of all three principles: prima facie case, balance of convenience, and irreparable injury.

22 Mar 2021

The appellants, owners of a property, entered into a development agreement with the respondent developer. Disputes arose, and the respondent filed an ...

Supreme Court

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.

29 May 2026

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

High Court

Bombay High Court Considers Application to Stay Damages Claim in Admiralty Suit for Wrongful Arrest of Bunkers. Court Examines Argument That Suit for Interim Security Pending Arbitration Does Not Disclose Cause of Action, Reliance on BALCO Judgment.

9 Jun 2014

An admiralty suit was filed by a foreign company against, inter alia, the bunkers on board the vessel M.V. African Eagle and its charterers, seeking a...

High Court

Full Bench of the Bombay High Court Considers Reference on Interpretation of Clauses 96 and 97 of MCGM General Conditions of Contract. The Court Examines Whether Compliance with Clause 96 is a Precondition for Invoking Arbitration under Clause 97.

8 Feb 2017

The appeal arose from an arbitration petition concerning a contractual dispute between a contractor and the Municipal Corporation of Greater Mumbai (M...

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...

Supreme Court

Supreme Court Allows Appeal in Arbitration Execution Matter — Post-Award Interest Calculation Must Follow Hyder Consulting Principle. Court holds that post-award interest under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 is payable on the entire sum awarded including pre-award interest, overruling S.L. Arora.

13 Dec 2024

The dispute arose from a contract awarded by the North Delhi Municipal Corporation (appellant) to M/s. S.A. Builders Ltd. (respondent) in 1983 for con...

Supreme Court

Supreme Court Adjudicates Appeal Against High Court's Order Setting Aside Arbitral Award Under Section 37 of Arbitration and Conciliation Act, 1996. Dispute Involves Interpretation of Contractual Notice Requirement as Condition Precedent and Applicability of Waiver and Estoppel in EPC Contract.

1 Jan 1970

The dispute arose from multiple Engineering, Procurement, and Construction (EPC) agreements between SEPCO Electric Power Construction Corporation (con...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

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 Answers Reference on Jurisdiction for Extension of Arbitral Mandate Under Section 29-A of the Arbitration and Conciliation Act, 1996 — Principal Civil Court of Original Jurisdiction is the Appropriate Forum. The Court held that applications under Section 29-A(4) lie before the principal Civil Court of original jurisdiction in the district, not the High Court, unless the High Court has ordinary original civil jurisdiction.

7 Aug 2024

The Bombay High Court at Goa, in a reference made by a learned Single Judge, addressed the question of which court has jurisdiction to entertain an ap...

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