Search Results for "conciliation under CPC"

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Search Results for "conciliation under CPC"

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High Court

Bombay High Court Allows Removal of Assets in Commercial Suit Despite Arbitration Clause — Interim Relief Granted Under Order 39 CPC. Trial Court Directed to Decide Interim Application on Merits Without Considering Maintainability Based on Arbitration Clause.

7 Aug 2019

The petitioner, INOX Leisure Limited, filed a commercial suit against Indo Pacific Projects Limited seeking recovery of security deposit and permissio...

High Court

Bombay High Court Allows Execution of Foreign Decrees by Mauritius-Based Companies Against Indian Debtors Under Section 44A CPC. The court held that decrees from reciprocating territories are directly executable in India without a fresh suit, and the Commercial Division has jurisdiction over such applications.

26 Apr 2018

The judgment involves three execution applications filed by foreign decree holders (Global Asia Venture Company, Matrix Partners India Investment Hold...

High Court

Bombay High Court Directs Refund of Court Fees in Motor Accident Claims Settled Through Lok Adalat or Mediation Under Section 89 CPC. Fees paid under Rule 278(i) of Motor Vehicles Rules, 1991 are refundable under Section 16 of Court Fees Act, 1870 read with Section 21 of Legal Services Act, 1987.

23 Oct 2013

The Bombay High Court at Goa took suo motu cognizance of a submission by the Registrar (Judicial) & Member Secretary of the Goa State Legal Services A...

High Court

Karnataka High Court Considers Writ Petitions Against Government Order Appointing Administrator for Murugha Mutt Under Articles 162 and 31A of Constitution; Appointment Follows Pontiff's Judicial Custody in Criminal Case

22 May 2023

The writ petitions, filed under Article 226 of the Constitution of India, challenged a Government Order dated 13.12.2022 appointing a retired IAS offi...

High Court

High Court of Karnataka Allows Petition in Stamp Duty Dispute Over Arbitral Interim Order. Court Holds That an Order Under Section 17 of Arbitration and Conciliation Act, 1996 Is Not an 'Award' Under Article 11 of Karnataka Stamp Act, 1957, and Thus No Stamp Duty Is Payable.

2 Jan 2019

The petitioners, Mrs. Shaila Mathias and Mrs. Yasmine Felix, filed a writ petition under Article 227 of the Constitution of India challenging an order...

High Court

Bombay High Court Dismisses Writ Petition Challenging Tender Cancellation by Zilla Parishad — No Right to Claim Contract After Tender Cancellation. The Court held that a tenderer has no vested right to have a tender accepted and that the authority can cancel the tender process for valid reasons, including financial constraints.

7 Aug 2015

The petitioners, a group of individuals and construction firms, filed a writ petition under Article 226 of the Constitution of India challenging the d...

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...

High Court

Bombay High Court Allows Writ Petition Challenging Dismissal of Execution Application for Arbitral Award on Limitation Grounds. Execution of Arbitral Award is Governed by Article 137 of Limitation Act, 1963, Not Section 34 of Arbitration and Conciliation Act, 1996.

25 Sep 2014

The petitioner, Mahindra & Mahindra Financial Services Ltd., had granted a loan of Rs.3,95,000 to respondent No.1 for purchasing a tractor, with respo...

High Court

Bombay High Court Dismisses Appeal Against Consent Award in Arbitration — Consent Terms Cannot Be Unilaterally Withdrawn After Being Acted Upon. Arbitrator Not Required to Deliver Signed Award Under Section 31(5) When Award Is Made in Terms of Consent Terms Under Section 30.

13 Jul 2017

The appellant, M/s. Pandi Devi Oil Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arb...

High Court

Bombay High Court Dismisses Stay Application in Arbitration Award Challenge — No Prima Facie Case Made Out for Unconditional Stay Under Section 36(3) of Arbitration Act. The court held that the applicant failed to demonstrate a prima facie case, balance of convenience, or irreparable loss required for stay of an arbitral award under Section 36(3) of the Arbitration and Conciliation Act, 1996 read with Order XLI Rule 5 CPC.

16 Dec 2016

The applicant, M/s. PFS Shipping (India) Limited, filed a Notice of Motion seeking unconditional stay of an arbitral award dated 30th April 2016, pend...

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