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Supreme Court Dismisses Appeal by Central Warehousing Corporation Against Appointment of Arbitrator — Public Premises Act Does Not Override Arbitration Act. Disputes Over Unilateral Rate Revision and Lease Renewal Are Arbitrable Under Clause 16 of the Lease Agreement.

The Supreme Court dismissed an appeal by the Central Warehousing Corporation (CWC) against a High Court order appointing an arbitrator to resolve disp...

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Bombay High Court Dismisses Section 34 Challenge to MSME Facilitation Council Awards Against National Textile Corporation. Awards Upheld as Facilitation Council Had Jurisdiction Under MSMED Act and Awards Not Patently Illegal.

The petitioner, National Textile Corporation Ltd., filed two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging awa...

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Bombay High Court Allows Appointment of Sole Arbitrator in Bank Dispute Over Loan Facility Breach. Arbitration Clause in Hypothecation Agreement Invoked Despite Respondent's Objections Regarding Limitation and Non-Arbitrability.

The applicant, Mantras Green Resources Ltd., a company incorporated under the Companies Act, 1956, engaged in environmental conservation, availed a lo...

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Supreme Court Allows Appeals of Housing Board Against High Court Order Directing Arbitration Tribunal to Entertain Fresh Claim Despite Prior Arbitral Award. Principle of Issue Estoppel and Finality of Award Under Arbitration Act, 1996 Applied.

The case involves three civil appeals by the Madhya Pradesh Housing and Infrastructure Development Board against a common judgment of the Madhya Prade...

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Supreme Court Upholds 10% Deposit Condition in Arbitration Clause as Valid in Commercial Contracts. Clause requiring deposit-at-call of 10% of claim amount before invoking arbitration is not arbitrary or discriminatory under Article 14.

The case arose from a tender issued in 2008 by the Punjab State Water Supply & Sewerage Board for water supply and sewerage projects. The appellant, M...

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Bombay High Court Allows Referral to Arbitration in Specific Performance Suit — Agreement of Sale Contains Valid Arbitration Clause. Section 8 of Arbitration and Conciliation Act, 1996 mandates referral when arbitration agreement exists and subject matter is arbitrable.

The Petitioner, Suman Baburao Thapa, was the defendant in Special Civil Suit No.566 of 2011 filed by Respondent Nos.1 and 2 (Jigar K. Mehta and Anand ...

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Bombay High Court Dismisses Arbitration Petition Challenging Arbitrator Appointment Under Section 12(5) of Arbitration Act — Petition Held Not Maintainable as Remedy Lies Before Arbitral Tribunal Under Section 13.

The petitioner, Gwaldas Mundra, filed an Arbitration Petition (L) No.863 of 2016 in the Bombay High Court under Section 12(5) read with Section 14 of ...

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Bombay High Court Dismisses Petitions Challenging Arbitral Award in Charter Party Dispute — Award Upheld as Not Contrary to Public Policy. Court Refuses to Interfere with Arbitrator's Findings on Demurrage and Hire Charges Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

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Bombay High Court Allows Revision Application of Co-defendant in Suit for Declaration and Injunction — Deletion of Party Ordered Under Order 1 Rule 10 CPC. Co-defendant Against Whom No Relief Claimed is Not a Necessary Party.

The case involves two civil revision applications arising from a suit filed by Vidharbha Enterprises (plaintiff) against the Union of India and BSNL (...