Search Results for "conditional waiver"

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Search Results for "conditional waiver"

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High Court

Bombay High Court Allows Appointment of Arbitrator Despite Earlier Refusal to Extend Mandate Under Section 29A of Arbitration Act — Refusal to Extend Mandate Does Not Terminate Arbitral Proceedings or Bar Fresh Appointment Under Section 11.

1 Apr 2026

The case involves a dispute arising out of a Deed of Assignment of Development Rights dated 6 December 2010 between the applicants (Nalin Vallabhbhai ...

High Court

Bombay High Court Rejects Plaint in Commercial Summary Suit for Non-Compliance with Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. The court held that the plaintiff failed to demonstrate genuine urgency to bypass mandatory pre-institution mediation, as the suit sought recovery of development management fees and security deposit without any specific instances of imminent threat.

11 Nov 2024

The plaintiff, Ekta Housing Private Limited, filed a Commercial Summary Suit against Shraddha Shelters Pvt. Ltd. and two individual guarantors for rec...

Supreme Court

Supreme Court Dismisses Appeal Against Pre-Deposit Order Under MSME Act, Upholding Mandatory 75% Requirement. The Court Held That Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 Mandates Pre-Deposit for Challenging Awards, With Discretion Limited Only to Allowing Instalment Payments in Cases of Undue Hardship.

8 Oct 2021

The Supreme Court of India heard a civil appeal arising from a dispute between Gujarat State Disaster Management Authority and M/s Aska Equipments Lim...

High Court

Bombay High Court Upholds Constitutional Validity of Section 129E Customs Act, 1962 Mandating Predeposit for Appeals. Challenge to Order-in-Original Dismissed as No Appeal Filed.

19 Jun 2017

The Bombay High Court disposed of two writ petitions filed by Haresh Nagindas Vora and Sachin Laxmichand Shah, partners of M/s Bright International, c...

High Court

Bombay High Court Upholds Constitutional Validity of Section 129E Customs Act, 1962 Mandating Predeposit for Appeals. Challenge to Order-in-Original Dismissed as No Hearing Opportunity Was Denied.

19 Jun 2017

The petitioners, partners of M/s Bright International, challenged the constitutional validity of Section 129E of the Customs Act, 1962, as amended by ...

High Court

Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator Despite Pending Summary Suit — Arbitration Clause in MOU Survives Filing of Civil Suit Under Order XXXVII CPC. The court held that the mere filing of a summary suit does not bar the invocation of the arbitration clause, and the arbitrator can decide all disputes including allegations of coercion.

17 Mar 2017

The Petitioner, Cogent Enterprises Pvt. Ltd., filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking ap...

High Court

Bombay High Court Allows Writ Petitions Challenging Central Excise Duty Demand on Scrap Generated During Car Manufacturing. Generation of scrap during manufacturing process is not a separate taxable event under Central Excise Act, 1944.

29 Sep 2014

The judgment concerns two writ petitions filed by Premier Ltd. and New Holland Fiat (India) Pvt. Ltd. challenging show cause notices issued by the Cen...

High Court

Bombay High Court Allows Appeal Against CESTAT Predeposit Order in Central Excise Valuation Dispute. The Court held that the Tribunal must consider prima facie case, balance of convenience, and financial hardship while deciding waiver of predeposit under Section 35F of the Central Excise Act, 1944.

1 Mar 2012

The appellant, Hyva (India) Private Limited, is engaged in body building on motor vehicle chassis supplied by Tata Motors Limited. Tata Motors clears ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Predeposit Condition for Appeal Against Interlocutory Order Under SARFAESI Act. Section 18(1) of SARFAESI Act, 2002 Requires Deposit of 50% of Debt for Any Appeal Under Section 17, Including Interlocutory Orders, and Appellate Tribunal May Reduce to 25%.

16 Nov 2010

The petitioners, M/s Vinay Container Services Pvt. Ltd. and its guarantors, challenged an order of the Debts Recovery Appellate Tribunal (DRAT) which ...

High Court

Bombay High Court Allows Writ Petition Challenging PF Damages and Interest Due to Non-Functioning of Appellate Tribunal — Directs Reconsideration of Damages Under Section 14-B of EPF Act. The court held that damages under Section 14-B are not automatic and require consideration of mitigating circumstances, and interest under Section 7-Q is compensatory but can be modulated.

2 Aug 2006

The petitioners, Cable Corporation of India Ltd. and another, challenged an order passed by the Regional Provident Fund Commissioner directing them to...

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