Search Results for "section 34"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "section 34"

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High Court

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 court held that the arbitrator's interpretation of the loan agreement, that cause of action arose at the end of tenure, was a possible view and not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

27 Feb 2019

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

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Construction Contract Dispute — Upholds Award on Compensation for Delay but Sets Aside Award of Interest on Mobilisation Advance. Arbitrator's findings on delay and compensation held plausible, but interest on mobilisation advance contrary to contract terms under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The case arises from a construction contract between the Municipal Corporation of Greater Mumbai (Petitioner) and S.N. Thakkar Construction Company Pr...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Leave and Licence Dispute — Interest on Security Deposit for Delay Period Not Payable as Liquidated Damages Without Proof of Loss. The court modified the award to limit interest to the actual delay period at the contractual rate, holding that the arbitrator's award of interest for the entire period including post-possession was contrary to the agreement and Section 74 of the Indian Contract Act, 1872.

11 Feb 2019

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a sole arbitrator in a di...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Dealership Dispute Over Supply of Spurious Bearings and Non-Delivery. Court Upholds Termination for Breach of Implied Warranty of Genuineness but Remits Damages for Non-Delivery for Reconsideration.

7 Feb 2019

The judgment concerns cross arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award arisin...

High Court

Bombay High Court Sets Aside Arbitral Award for Patent Illegality in Rejecting Claims as Non-Arbitrable. Court holds that incorporation of general conditions of contract from main contract into subcontract must be explicit and clear, and that a clause requiring pre-arbitral notification cannot bar arbitration of claims not notified if the clause is not part of the subcontract.

5 Feb 2019

The case involves a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner, Khurana Constructio...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Charterparty Dispute — Upholds Award of Demurrage and Rejection of Oral Joint Venture Agreement. The court held that the arbitral tribunal's findings were not patently illegal or against public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

30 Jan 2019

The case involves an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award passed in disp...

High Court

High Court of Bombay Dismisses Union of India's Challenge to Arbitral Award in Railway Contract Dispute — Waiver and Estoppel Bind Railways to Pay for Additional Supplies. Court holds that directions to continue production beyond contractual variation limits and acceptance of supplies with 90% payment constitute waiver, precluding denial of payment under Section 34 of Arbitration and Conciliation Act, 1996.

18 Jan 2019

The Union of India (Petitioner) challenged an arbitral award passed by a sole arbitrator in a dispute arising out of a works contract for manufacture ...

High Court

High Court Dismisses Petition Challenging Arbitral Award in Contract Dispute — Variation of Agreement by Conduct Upheld. Court holds that acceptance of increased bottling charges through joint account adjustments and subsequent correspondence constitutes valid modification of contract under Section 7 of the Contract Act.

14 Jan 2019

The petitioner, John Distilleries Pvt. Limited, engaged the respondent, The Brihan Maharashtra Sugar Syndicate Limited, for manufacturing liquor produ...

High Court

Bombay High Court Dismisses Arbitration Petition Challenging Award Rejecting Salvor's Claims for Idling Charges in Salvage Contract Dispute. Court upholds arbitral tribunal's finding that salvor failed to prove breach of contract and damages, and that claims were barred by accord and satisfaction.

11 Jan 2019

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a three-member tribunal i...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in MoU Dispute Over Flat Area — Petitioner's Obligation to Sell 1 Lac Sq. Ft. Upheld. Arbitrator's Plausible Interpretation of Contract Not Interfered With Under Section 34 of Arbitration and Conciliation Act, 1996.

4 Jan 2019

The Bombay High Court dismissed an arbitration petition filed by The Bombay Dyeing And Manufacturing Co. Ltd. challenging an arbitral award passed by ...

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