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Search Results for "commercial arbitration petition"

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High Court

Division Bench of the High Court for the State of Telangana considers maintainability of Letters Patent Appeals arising from execution proceedings in an international commercial arbitration matter. The Bench examined the preliminary objection that an appeal under Clause 15 of the Letters Patent is barred by Section 13(2) of the Commercial Courts Act, 2015 unless the impugned order is appealable under Order XLIII of the Code of Civil Procedure, 1908 or Section 37 of the Arbitration and Conciliation Act, 1996.

3 Aug 2026

The matter before the Division Bench of the High Court for the State of Telangana arose from two Original Side Appeals filed by a company incorporated...

High Court

Bombay High Court Examines Maintainability of Writ Petition Seeking Mandamus for Arbitration in Coal Crushing Contract Dispute. Court Considers Whether CIL Circular Constitutes Arbitration Agreement and Whether Section 12(5) Ineligibility Renders Clause Inoperative.

2 Aug 2021

The writ petition arose from a dispute over a work order dated 09/05/2018 awarded by Western Coalfields Limited to M/s Ambey Mining Pvt Ltd for crushi...

High Court

Bombay High Court Allows Section 8 Application to Refer Copyright Dispute to Arbitration — Term Sheet Contains Valid Arbitration Agreement. The Court held that the arbitration agreement in the Term Sheet dated 13th June 2012 is valid and referred the disputes between the Plaintiff and Defendant No. 1 to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

12 Apr 2016

The Plaintiff, Eros International Media Limited, filed a copyright infringement suit against Telemax Links India Pvt. Ltd. and other defendants, alleg...

High Court

Bombay High Court Dismisses Appeal Against Section 9 Interim Relief in Foreign Award Enforcement. Court Confirms Injunction Restraining Alienation of Helicopter Pending Enforcement of Singapore Award Under Part II of Arbitration Act, 1996.

29 Jun 2018

The respondent, Aircon Feibars FZE, obtained a foreign award in Singapore on 25 January 2017 for approximately US$7 million (Rs.46 Crores) against the...

High Court

Bombay High Court Dismisses Stay Application in Arbitral Award Challenge — No Automatic Stay Under Section 36 of Arbitration Act Without Strong Prima Facie Case. Court holds that mere filing of Section 34 petition does not warrant stay; applicant must demonstrate irreparable harm and balance of convenience.

14 Dec 2020

The judgment concerns an interim application filed by Kishor N Shah and others (the Shahs) under Section 36 of the Arbitration and Conciliation Act, 1...

High Court

Bombay High Court Rules on Automatic Stay of Arbitral Awards Under Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015. The Mere Filing of a Section 34 Petition Does Not Trigger Automatic Stay; Award-Holder Can Execute Unless Stay Granted.

3 Mar 2017

The snippet of the judgment deals with Chamber Summonses in Execution Applications arising from an arbitral award. The dispute involves Enercon GmbH a...

High Court

Bombay High Court Dismisses MCGM's Appeal Against Arbitral Award in Commercial Dispute — Upholds Single Judge's Refusal to Set Aside Award Under Section 34 of Arbitration Act. Court Holds That Challenge to Arbitral Award on Grounds of Patent Illegality and Public Policy Must Be Based on Clear Violation of Law or Contract, Not Mere Erroneous Application of Law.

22 Dec 2017

The appellant, Municipal Corporation of Greater Mumbai (MCGM), filed a Commercial Appeal under Section 13 of the Commercial Courts Act, 2015 and Secti...

Supreme Court

Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

8 Jul 2024

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Loan Dispute, Upholds Financer's Claim. Court holds that existence of arbitration agreement is not a jurisdictional issue under Section 16 of Arbitration and Conciliation Act, 1996, and the award is not patently illegal.

17 Dec 2012

The judgment concerns two arbitration petitions: Arbitration Petition No. 783 of 2011 filed by the borrowers (M/s. Sahyadri Earthmovers and its partne...

Supreme Court

Supreme Court Allows Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

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