Search Results for "Arbitration Act, 1940"

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Search Results for "Arbitration Act, 1940"

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High Court

High Court of Judicature at Bombay Dismisses Appeals by Bank in Securitisation Act Case Regarding Maintainability of Civil Suits — The Court Examines Whether Plaints Against Bank Are Barred Under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

26 Oct 2018

The litigation arose from a batch of five civil suits filed by several plaintiffs against M/s. Orbit Corporation Ltd. and Axis Bank Limited, concernin...

High Court

High Court of Bombay at Goa Dismisses Appeal Against Arbitral Award in Construction Contract Dispute. Court holds that arbitrators are not bound to give reasons for each item of claim and that the award is not liable to be set aside for non-speaking nature under the Arbitration Act, 1940.

18 Jul 2006

The appellant, Board of Trustees of Port of Mormugao, a body corporate under the Major Port Trusts Act, 1963, entered into a contract dated 12/10/1985...

High Court

Bombay High Court Dismisses Defendant's Chamber Summons to Strike Out Affidavit of Evidence in Specific Performance Suit — Affidavit of Evidence Not a Pleading Under Order 6 Rule 16 CPC. Court Holds That Averments Not in Written Statement May Be Allowed If They Do Not Introduce a New Case or Cause Prejudice.

20 Mar 2013

The Plaintiffs filed a suit for specific performance of a contract based on an unsigned MOU. The Defendant filed a written statement after a delay of ...

High Court

Bombay High Court Makes Arbitration Award Rule of Court in Favour of Petitioner Despite Pending Supreme Court Appeal. No Stay of Execution Obtained by Respondent, Award Enforceable Under Section 17 of Arbitration Act, 1940.

21 Jun 2006

The petitioner, Bharat Petroleum Corporation Ltd., filed an Arbitration Petition under Section 17 of the Arbitration Act, 1940, seeking to make an arb...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interlocutory Order as Not Maintainable Under Section 34 of Arbitration and Conciliation Act, 1996. Order Rejecting Permission to File Fresh Valuation Report Is Not an Interim Award and Cannot Be Challenged Under Section 34.

30 Aug 2018

The dispute arises from a Share Purchase Agreement (SPA) dated 22.12.2003 between Dilip Timblo (appellant) and Prashant Timblo (respondent). The appel...

Supreme Court

Supreme Court Allows Appeal Against Execution of Arbitration Award as Specific Performance of Agreement for Sale. Arbitration Award Only Fixed Land Price; Executing Court Could Not Direct Sale Deed Execution Beyond Award's Scope.

8 Sep 2020

The Supreme Court allowed the appeal filed by Firm Rajasthan Udyog and its partners against Hindustan Engineering & Industries Ltd. The dispute origin...

High Court

Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Railway Construction Contract Dispute. Court Upholds Arbitrator's Award of Compensation for Underutilization of Resources Due to Railway's Delays.

23 Dec 2005

The Union of India, representing the South-East-Central Railway, appealed against an order of the District Judge, Nagpur, refusing to set aside an arb...

High Court

Bombay High Court Allows Writ Petition Challenging Interim Orders Under Section 9 of Arbitration Act — Orders Set Aside for Non-Compliance with Mandatory Pre-Arbitration Procedure. The court held that the learned Principal District Judge lacked jurisdiction to grant interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, as the applicant failed to comply with the mandatory pre-arbitration conciliation procedure agreed upon in the contract.

6 Jun 2017

The petitioners, Mineira Nacional Limitada and others, filed a writ petition challenging two orders dated 13.01.2016 and 29.11.2016 passed by the lear...

High Court

Bombay High Court Allows Summary Judgment for Return of Shares and Dividends in Commercial Suit — Plaintiff Stockbroker Entitled to 11,25,000 ITC Shares and Accrued Dividends After Full Satisfaction of Debt Under One Time Settlement. Court Holds That Once Debt Is Fully Satisfied, Bank Must Return All Pledged Securities and Cannot Retain Them as Collateral for Other Debts.

10 Mar 2025

The Plaintiff, Shrikant G. Mantri, a stockbroker and registered member of the Bombay Stock Exchange, filed a commercial suit against Punjab National B...

Supreme Court

Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Interest on Delayed Payment. The court examined entitlement to interest under Clause 60.8 of the contract and validity of alleged waiver through communications, referencing arbitration provisions and contract law principles.

22 Apr 2021

The dispute arose from a contract awarded by the State of Kerala to the appellants for highway upgradation, executed on 7 November 2002. The appellant...

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