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Search Results for "arbitration mandate"

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High Court

High Court of Bombay Examines Challenge to Arbitral Award Directing Payment of Rs.9,28,188.45 with Interest. The petition under Section 34 of the Arbitration and Conciliation Act, 1996 arises from a member-client dispute over stock market transactions and margin shortfalls.

14 Oct 2014

The petitioner filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 before the High Court of Judicature at Bom...

High Court

Bombay High Court Allows Writ Petition Challenging Termination of Contract by MSETCL — Holds Termination Without Show Cause Notice Violates Principles of Natural Justice and Contractual Stipulations. The court set aside the termination order and directed restoration of status quo ante, emphasizing that contractual clauses requiring show cause notice must be adhered to.

10 Jan 2022

The petitioner, Maha Active Engineers India Pvt. Ltd., was awarded a contract by the respondents, Maharashtra State Electricity Transmission Co. Ltd. ...

Supreme Court

Supreme Court Allows Extension of Arbitral Tribunal's Mandate in Arbitration Case Due to Sufficient Cause Including COVID-19 Pandemic. Application Under Section 29A(4) of Arbitration and Conciliation Act, 1996 Can Be Filed After Expiry of Mandate, and Pandemic-Related Delays Constitute Sufficient Cause for Extension.

13 Dec 2024

The appellant, M/S Ajay Protec H Pvt. Ltd., entered into a works contract with respondent no. 1, and disputes arose leading to arbitration. The High C...

High Court

High Court of Karnataka Allows Petition in Part Regarding Stamp Duty on Arbitral Award in Execution Proceedings — Directs Payment of Proper Stamp Duty and Penalty Under Karnataka Stamp Act, 1957. The court held that stamp duty on an arbitral award is payable at the rate applicable on the date of the award, not the date of execution petition, and the decree-holder is liable to pay the same.

28 Jul 2023

The case involves two writ petitions arising from execution proceedings in Com.Ex.Pet.No.224/2021 before the LXXXVII Addl. City Civil and Sessions Jud...

High Court

Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

24 Oct 2016

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

High Court

Bombay High Court considers appeal challenging order revoking leave under Clause XII of Letters Patent in a section 9 petition under Arbitration and Conciliation Act, 1996. Matter involves a development agreement for land at Indore and the question of territorial jurisdiction based on 'suit for land' principle.

10 Mar 2015

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High Court

Bombay High Court Dismisses Judgment Debtor's Challenge to Execution of Arbitral Award on Ground of Non-Receipt of Signed Copy Under Section 31(5) of Arbitration and Conciliation Act, 1996. Receipt of Certified Copy by Post Satisfies Section 31(5) and Award Becomes Enforceable Under Section 36(1).

10 Apr 2023

The petitioner, Rahul S/o Omprakash Gandhi, filed four writ petitions (W.P. Nos. 6091/2022, 6092/2022, 6093/2022, and 6094/2022) challenging the execu...

High Court

Bombay High Court Allows Appeal Under Section 37(2)(b) of Arbitration Act Against Arbitrator's Order Rejecting Interim Relief — Holds That Arbitrator Must Consider Prima Facie Case, Balance of Convenience, and Irreparable Loss Before Refusing Interim Injunction.

12 Oct 2012

The appellant, Spice Digital Ltd., filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, challenging an order dated 16...

Supreme Court

Supreme Court Upholds Arbitral Award in Contract Dispute Over 'Change in Law' Clause — High Court Exceeded Jurisdiction Under Section 37 of Arbitration Act. Interpretation of contractual clause by Arbitral Tribunal was plausible and not perverse, hence not liable to be set aside under Section 34.

11 May 2020

The Supreme Court allowed the appeal filed by South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) against the judgment of the Gauh...

High Court

Bombay High Court Dismisses Application for Condonation of 3014 Days Delay in Filing Appeal — Gross Negligence and Lack of Sufficient Cause. Delay of 3014 days in filing appeal against arbitration order not condoned as applicants failed to explain each day's delay and showed gross negligence.

27 Apr 2016

The applicants, Padmsey Khimji Chheda and another, filed a Notice of Motion seeking condonation of 3014 days delay in filing Appeal (Lodging) No. 569 ...

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