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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.

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

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Joint Venture Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court upholds arbitrator's findings on breach of joint venture agreement and rejection of counter claims as not perverse.

The petitioner, Development Corporation of Konkan Limited, a government company, filed a petition under Section 34 of the Arbitration and Conciliation...

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Bombay High Court Allows Petition to Appoint Arbitrator in Commercial Dispute Over Unpaid Invoices Under Section 11(6) of Arbitration and Conciliation Act, 1996. Respondent's Limitation Objection Rejected as Debt Acknowledged Within Limitation Period, Court Appoints Sole Arbitrator.

The petitioner, Oil Field Instrumentation India Pvt Ltd, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking ap...

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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Bombay High Court Quashes IDBI Bank's Wilful Defaulter Declaration Against Non-Executive Director. The Court Holds that Failure to Provide Copies of Documents and Fair Hearing Violates Principles of Natural Justice and RBI Guidelines.

Background: The writ petition was filed by a non-executive director of Ruchi Soya Industries Limited, a public listed company, challenging his declara...

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High Court of Bombay Examines Challenge to Arbitral Award Directing Payment of Rs.9,28,188.45 with Interest. The petition under Section 34 of the Arbitration and Conciliation Act, 1996 arises from a member-client dispute over stock market transactions and margin shortfalls.

The petitioner filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 before the High Court of Judicature at Bom...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Coal Supply Dispute — No Ground for Interference Under Section 34 of Arbitration Act. Court upholds award of damages for short supply of coal, finding no patent illegality or conflict with public policy.

The petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Mahaguj Collieries Ltd. (original respondent) challenging an ...

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Bombay High Court Rejects Jurisdictional Challenge in Admiralty Suit Filed Without Vessel in Territorial Waters. Suit Held Maintainable When Arrest Warrant Executed upon Vessel's Subsequent Arrival, Following Geetanjali Woolen Precedent.

The case involves an admiralty suit in rem filed by Great Pacific Navigation (Holdings) Corporation Limited, a Hong Kong company, against the vessel M...

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High Court of Karnataka Quashes Show Cause Notice for Willful Defaulter Declaration Due to Lack of Application of Mind — Bank Issued Notice Without Considering Petitioner's Reply or Providing Adequate Opportunity Under RBI Master Circular.

The petitioner, B.G. Chandrashekar, a borrower from Canara Bank, defaulted on a loan of Rs. 7,07,94,378/-. The bank initiated recovery proceedings und...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Jurisdiction in Arbitration Claim Petition. Court holds that Section 16 of the Arbitration and Conciliation Act, 1996 provides a remedy against an arbitral award, not an interlocutory order, and that the petition is premature.

The petitioner, a cooperative housing society, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 14th Ma...