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Bombay High Court Allows Commercial Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Loan Agreement Contains Valid Arbitration Clause. Court Appoints Sole Arbitrator to Adjudicate Dispute Over Unpaid Loan Amount of Rs. 1,50,00,000.

The applicant, Aditya Birla Finance Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Cause of Action Arises from Second Notice When First Notice Not Served. Complaint Filed Within Limitation Based on Second Notice Dated 16th April 2003 and 21st April 2003.

The appellant, Praveen Otarmal Parmar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondents, M/s. Abhir...

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Bombay High Court Allows SEBI's Appeal Against Interim Order Restraining Adjudication Proceedings. Civil Suit Against SEBI Held Not Maintainable Due to Alternative Remedy Under SEBI Act, 1992.

The case involves an appeal by the Securities and Exchange Board of India (SEBI) against an interim order passed by a Single Judge of the Bombay High ...

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Bombay High Court Dismisses Appeal in Share Dispute — No Grounds for Interference Under Section 37 of Arbitration and Conciliation Act, 1996. Court Held That the Arbitral Tribunal's Findings on Non-Delivery of Shares and Limitation Were Not Perverse or Contrary to Law.

The appellant, M/s Satish K. Narang & Co., an investor, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against the ju...

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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 Dismisses Petition to Set Aside Arbitral Award in Revenue Sharing Dispute. Court upholds award granting 7% revenue share and costs, finding no patent illegality or perversity in arbitrator's interpretation of contract clauses.

The petitioner, Taj Air Ltd. (formerly Megapode Airlines Ltd.), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, seeki...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Loan Dispute — Limitation Period Runs from End of Loan Tenure When Creditor Has Option to Recall Loan on Default.

The petitioner, Paresh Prakash Pavetekar, had taken a loan from the respondent, Phoenix ARC Pvt. Ltd., repayable in equated monthly installments. The ...

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Bombay High Court Acquits Three Accused in NDPS Case Due to Non-Compliance with Mandatory Search and Seizure Provisions. Failure to Join Independent Witnesses and Non-Observance of Section 50 of NDPS Act Renders Conviction Unsustainable.

The appellants, Sau. Mankarna, Sau. Panchafula, and Udaybhan, were convicted by the Additional Sessions Judge, Wardha, under Section 20(B)(2)(c) of th...