Search Results for "Disputed Claims"

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

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High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

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Bombay High Court Dismisses Plaintiff's Suit for Recovery Due to Prior Arbitration Awards. The court held that the suit is barred by res judicata as the same claims were already adjudicated in arbitration proceedings under the Arbitration Act, 1940.

The plaintiff, Unique Integrated Transport & Management Consultancies Pvt. Ltd., filed a suit against Mahanagar Telephone Nigam Ltd. (MTNL) and its of...

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Bombay High Court Partially Allows MTNL's Challenge to Arbitral Award in False Ceiling Contract Dispute. Court Upholds Award on Certain Claims but Sets Aside Award on Claim for Price Escalation Due to Lack of Evidence and Contrary to Contract Terms.

The petitioner, Mahanagar Telephone Nigam Ltd. (MTNL), challenged an arbitral award dated 29 March 2011 under Section 34 of the Arbitration and Concil...

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High Court of Gujarat Allows Appeal in Contract Dispute — Remands Case for Fresh Consideration of Counterclaim Due to Violation of Natural Justice. Failure to Provide Opportunity to Lead Evidence on Counterclaim Under Order 8 Rule 6A CPC Warrants Remand.

The appellant, Executive Engineer of Gujarat Water Supply and Sewerage Board, filed a suit for damages of Rs. 17,28,855.65 against the respondent, Kat...