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High Court Allows Appeal in Arbitration Case, Restoring Arbitral Award Set Aside by Single Judge. Limited Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996 Precludes Re-appreciation of Evidence Unless Award Shocks Conscience or Conflicts with Public Policy.

The dispute arose between Appellant, a foreign company manufacturing biscuits in Zimbabwe, and Respondent, an Indian partnership firm, regarding the s...

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Bombay High Court Dismisses Insurer's Writ Petition Against Insurance Ombudsman Award in Life Insurance Claim. Non-Disclosure of Pre-Existing Ailments Not Proven to be Material Under Section 45 of Insurance Act, 1938.

The petitioner, Aditya Birla Sun Life Insurance Co. Ltd., challenged an award dated 31 December 2020 passed by the Insurance Ombudsman, Goa/Mumbai Met...

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Supreme Court Allows Appeal in Seniority Dispute for Headmaster Post Under Maharashtra Employees of Private Schools Act. Seniority Determined by Date of Appointment in Category, Not Date of Acquiring Higher Qualification.

The case involves a dispute over seniority for promotion to the post of Headmaster in a private school in Maharashtra. The appellant, Madhavi, was app...

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Bombay High Court Dismisses Section 9 Petition Seeking Stay of Cancellation of Letter of Award in Tender Dispute. Court holds that disputes arising from pre-contractual stage are not arbitrable and interim relief under Section 9 cannot be granted when no arbitration agreement exists.

The Petitioner, Provident Multi-Trading Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim reli...

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Bombay High Court Allows Withdrawal of Appeal in Arbitration Dispute Over Share Delivery — Respondent's Opposition on Grounds of Hardship Not Sustained. Court Permits Withdrawal Without Prejudice to Respondent's Rights Under the Award and Pending Proceedings.

The present appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a judgment of a Single Judge dated 2 February...

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Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award in Commodity Trading Dispute — Holds That Arbitral Tribunal Erred in Rejecting Claim for Unauthorized Trades Without Considering Evidence of Unauthorized Transactions.

The petitioner, Mrs. Kaberi Mondal, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging portions of an arbitr...

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Bombay High Court Dismisses Appeals in PFA Supply Dispute, Upholds Arbitral Award. Findings of fact by arbitral tribunal are not open to reappraisal in appeal under Section 37 of Arbitration and Conciliation Act, 1996 unless perverse or contrary to public policy.

The case arises from an agreement dated 4 October 2000 between Maharashtra State Electricity Board (MSEB) and Dirk India Private Limited (DIPL) for th...

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Bombay High Court Dismisses Employer's Petition Seeking to Unilaterally Implement Notice of Change Under Section 9A of Industrial Disputes Act. Employer Cannot Implement Proposed Changes Without Settlement or Award from Competent Court.

The petitioner, J. D. Orgochem Limited (formerly Jaysynth Dyechem Ltd.), is a company engaged in manufacturing chemicals. The respondent, Dyes and Che...