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Search Results for "arbitration challenge"

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High Court

Bombay High Court Partially Sets Aside Arbitral Award in Shareholder Dispute Over Hotel Company Exit — Holds That Arbitrator Exceeded Jurisdiction by Granting Relief Beyond Scope of Reference and Without Proper Valuation.

12 Jul 2024

The judgment pertains to two Commercial Arbitration Petitions arising from an arbitral award dated 5th April 2016. The petitioners (Panchamias Group a...

High Court

Bombay High Court Rejects Jurisdictional Challenge in Admiralty Suit Filed Without Vessel in Territorial Waters. Suit Held Maintainable When Arrest Warrant Executed upon Vessel's Subsequent Arrival, Following Geetanjali Woolen Precedent.

12 Jul 2011

The case involves an admiralty suit in rem filed by Great Pacific Navigation (Holdings) Corporation Limited, a Hong Kong company, against the vessel M...

High Court

Bombay High Court Allows Section 27 Petition for Witness Summons in Arbitration — Petitioner Seeks Production of Documents from Third Parties to Prove Claims. Court held that documents sought were relevant and necessary for adjudication of disputes between the parties under Section 27 of the Arbitration and Conciliation Act, 1996.

22 Jun 2016

The petitioner, Montana Developers Private Limited, filed a petition under Section 27 of the Arbitration and Conciliation Act, 1996, seeking an order ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Unconditional Stay of Arbitral Award Due to Stamp Duty Deficiency. Arbitration Agreement in Unstamped Member Client Agreement Held Void Ab Initio Under Maharashtra Stamp Act, 1958.

29 Nov 2023

The petitioner, M/s. Anand Rathi Share & Stock Brokers Ltd., challenged an order passed by the District Judge-1, Amravati, which granted unconditional...

High Court

Bombay High Court Dismisses Appeal in Arbitration Jurisdiction Dispute — Section 9 Petition Not Maintainable Where Section 8 Application Already Filed Before Civil Court at Vadodara. The court held that once a Section 8 application is filed before a civil court, that court alone has jurisdiction to pass interim orders under Section 9.

13 Dec 2011

The appeal arose from an order of a Learned Single Judge of the Bombay High Court dated 22 November 1999, dismissing a petition filed under Section 9 ...

High Court

Bombay High Court Dismisses Section 11 Application for Appointment of Arbitrator in Second Round of Arbitration — No Arbitration Agreement Survives After Award Set Aside Without Remand. The court held that after an arbitral award is set aside under Section 34 without any direction for de novo arbitration, the arbitration agreement does not revive for a fresh round of arbitration, and a pending Section 37 appeal does not alter this position.

10 Oct 2025

The dispute arose from an Agreement for Purchase of Salvage Material dated 29th November 2011 between Rajuram Sawaji Purohit, sole proprietor of M/s. ...

High Court

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.

28 Jul 2023

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

High Court

Bombay High Court Passes Judgment on Enforcement of Foreign Arbitral Award under Sections 47-49 of the Arbitration and Conciliation Act, 1996. Dispute arose from Share Subscription Agreement and Put Option Deed involving investment exit rights.

30 Apr 2020

The petitioner, Banyan Tree Growth Capital L.L.C., a Mauritian investment fund, had invested approximately USD 7.5 million in Axiom Cordages Limited, ...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Electricity Transmission Contract Dispute. Court upholds majority award granting escalation costs and interest to contractor for delays caused by principal.

8 Nov 2019

The petitioner, Maharashtra State Electricity Transmission Co. Ltd., challenged a majority arbitral award dated 6 January 2017 under Section 34 of the...

High Court

Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

10 May 2013

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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