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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Bombay High Court Allows Section 9 Petition for Interim Relief and Appoints Sole Arbitrator in Waste Management Contract Dispute — Petitioner Granted Protection Against Termination and Bank Guarantee Invocation Pending Arbitration.

The petitioner, PMP Infratech Pvt Ltd, an AA Class Government Registered Civil Contractor, was engaged by the respondent, Bharat Petro Resources Ltd (...

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Bombay High Court Allows Section 11 Application, Holds LLP Can Be Party to Arbitration Under LLP Agreement Despite Not Being Signatory. LLP Agreement is Charter Document Binding the LLP, and Disputes Relating to LLP's Affairs Necessarily Involve LLP as Party.

The applicant, Kartik Radia, a former partner of BDO India LLP, was expelled from the LLP. He sought to initiate arbitration under the LLP Agreement d...

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Bombay High Court Hears Interim Application in Suit for Cancellation of Lease Modification Deeds. Application Seeks Injunction Against Construction and Alienation of Cooperative Society Property.

The matter involved a cooperative housing society and its lessee/assignee concerning a perpetual lease on a portion of land. The plaintiff, Usha Sunde...

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Bombay High Court Allows Petition to Refer Dispute to Arbitration in Family Settlement Matter. Dispute regarding implementation of Escrow Agent directions under Indenture of Family Settlement held arbitrable under Sections 5 and 8 of Arbitration and Conciliation Act, 1996.

The petitioners, Basant Lall Shaw and Arbind Kumar Jayaswal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

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INTERIM APPLICATION NO.1075 OF 2023

The plaintiff, Usha Sunder Premises CHS Ltd., a cooperative society registered under the Maharashtra Co-operative Societies Act, 1960 with 25 members,...

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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...