Search Results for "order allowing counter claim"

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Search Results for "order allowing counter claim"

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Supreme Court

Supreme Court Dismisses Appeals in MSMED Act Arbitration Cases on Limitation and Counterclaim Issues. The Court held that the Limitation Act, 1963 applies to arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006, and counterclaims are maintainable under Section 23(2A) of the Arbitration and Conciliation Act, 1996, affirming the High Court's remand and arbitrator appointment orders.

29 Jun 2021

The Supreme Court of India addressed two consolidated civil appeals involving arbitration proceedings under the Micro, Small and Medium Enterprises De...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Agency Agreement Dispute — Upholds Claim for Outstanding Invoices but Remits Interest Calculation. The court held that the arbitrator's award of interest at 18% per annum from the date of each invoice was contrary to the contract and Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, which requires interest to run from the date of cause of action unless otherwise agreed.

21 Jan 2020

The petitioner, Aero Club, filed two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 14t...

High Court

Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

7 Jan 2020

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

Supreme Court

Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

19 Nov 2019

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

Supreme Court

Supreme Court Partially Allows Contractor's Appeal in Arbitration Dispute Under Arbitration Act, 1940 — Clause 59 of Agreement Does Not Bar Claims for Extra Lead, Non-Supply of Food Grains, Short Supply of Cement, and Stock Materials. Court Restores Arbitrator's Award on Certain Claims, Modifies Interest Rate.

27 Mar 2019

The case arises from arbitration proceedings under the Arbitration Act, 1940, concerning three agreements for irrigation works between the appellant c...

High Court

Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

17 Sep 2018

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

High Court

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.

25 Feb 2015

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

High Court

High Court of Bombay at Goa Allows Amendment of Counter Claim in Property Dispute — Amendment Sought to Amplify Existing Plea, Not Change Nature of Suit. The court held that the trial court erred in rejecting the amendment application without specifying how the character of the suit would change, and that the bar under Order 8 Rule 6A CPC applies only to filing a counter claim after written statement, not to amendments.

21 Jun 2013

The petitioners, Joao Felicio Rodrigues and Querobina Mildred Rodrigues, filed a writ petition challenging an order dated 9 January 2013 passed by the...

High Court

Bombay High Court Dismisses Appeal in Patent Infringement Suit — No Prima Facie Case for Injunction as Plaintiff Failed to Establish Infringement of Patent. Court Held That Mere Grant of Patent Does Not Confer Right to Injunction Without Clear Evidence of Infringement and Balance of Convenience Lies with Defendant.

16 Mar 2012

The appellant, CTR Manufacturing Industries Limited, filed a suit for patent infringement against the respondents, Sergi Transformer Explosion Prevent...

High Court

Bombay High Court Allows Amendment of Counter Claim in Civil Suit — Petitioner, as Special Officer Appointed by Supreme Court, Permitted to Amend Counter Claim to Include Relief of Possession Under Order 8 Rule 6A CPC. The amendment was necessary for effective adjudication and to avoid multiplicity of proceedings.

27 Jul 2011

The petitioner, M/s N.C. Banerjee and Company, a firm of Chartered Accountants, was appointed as Special Officer by the Supreme Court of India to enli...

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