Search Results for "statutory arbitration agreement"

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High Court

High Court of Karnataka Dismisses Appeal Against Arbitral Award in Employment Bond Dispute. Compensatory cost clause for premature resignation held not unconscionable under Section 74 of Indian Contract Act, 1872.

17 Mar 2025

The appellants, Mr. Vivek R Nair and Mr. Raveendran Nair, were the plaintiffs in an arbitration suit (AS No.85/2012) before the 6th Additional City Ci...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Commercial Dispute Over Unpaid Invoices Under Dealership Agreement. The court found that the arbitration clause in the Dealership Agreement dated 19/06/2013 was valid and disputes existed, warranting appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

21 Mar 2024

The petitioner, Kirloskar Pneumatic Company Ltd, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment ...

High Court

Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award in Partnership Dispute — Upholds Validity of Unregistered Partnership Deed for Reference to Arbitration. Section 69(3) of the Indian Partnership Act, 1932 does not bar a suit for dissolution of an unregistered firm or for accounts if the partnership is established by other evidence.

25 Oct 2023

The case involves a dispute between the appellants (Azizur Rehman Gulam Rasool and Jabbar Gulam Rassol Jamal) and the respondents (M/s. Radio Restaura...

High Court

High Court of Karnataka hears civil miscellaneous petition seeking termination of existing arbitral tribunal and appointment of independent sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The dispute arises from a works contract where the contractor sought replacement of the arbitrator appointed by the department on grounds of bias and non-compliance with disclosure requirements.

11 Aug 2022

The petitioner, a contractor, was awarded a works contract by the Central Public Works Department (CPWD) for construction of a Sewage Treatment Plant....

High Court

Bombay High Court Allows Appeals Against Rejection of Arbitration Petitions in Commodity Brokerage Dispute — Holds That Non-Signatories Can Be Referred to Arbitration Under Group of Companies Doctrine. The court applied the group of companies doctrine to refer non-signatory appellants to arbitration, finding that they were closely connected to the signatory broker and the transactions were indivisible.

7 Apr 2021

The case involves four appeals filed by members of the Madgavkar family (Anil V. Madgavkar, Celsa A. Madgavkar, Ayesha A. Madgavkar, and Aakash A. Mad...

High Court

High Court Dismisses Review Petition with 1495 Days Delay in Arbitration Appointment Case — No Sufficient Cause Shown for Inordinate Delay.

22 Aug 2019

The present review petition was filed by Electronics & Controls Power Systems Private Limited under Order 47 Rule 1 read with Section 114 of the Code ...

High Court

Bombay High Court Dismisses Challenge to Metro Fare Hike; Judicial Review Not Permitted Over Specialist Committee's Decision Under Metro Act. Fare Fixation Committee's Determination Based on Section 34 Prevails Over Contractual Fare Stipulations, Limited to Checking Arbitrariness or Perversity.

4 Dec 2017

The writ petition challenged the Fare Fixation Committee's decision to increase Mumbai Metro fares from Rs.9-13 to Rs.10-110 from January 2015. The pe...

High Court

Bombay High Court Dismisses Section 9 Petition for Interim Relief in Development Dispute — No Prima Facie Case for Injunction Against Slum Rehabilitation Authority. Court holds that developer's unilateral action of obtaining SRA approval for redevelopment on petitioner's plot without consent does not warrant interim relief under Section 9 of Arbitration Act as the agreement contained arbitration clause and petitioner failed to show irreparable injury.

4 Sep 2015

The petitioner, Jai Neptune Co-operative Housing Society Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seek...

High Court

Bombay High Court Allows Interim Relief Under Section 9 of Arbitration Act in Commodity Exchange Dispute — Petitioner Granted Access to Warehouse for Inspection and Sampling of Steel Coils. Court held that preservation of subject matter is essential to prevent irreparable loss and that balance of convenience favored the petitioner.

9 Mar 2012

The petitioner, National Commodity and Derivative Exchange Ltd. (NCDEX), a multi-commodity exchange providing an online platform for trading futures c...

High Court

Bombay High Court Allows Appeal in Arbitration Case — Holds That Death of Named Sole Arbitrator Does Not Invalidate Arbitration Agreement; Court Can Appoint Substitute Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996. The court set aside the Single Judge's order dismissing Section 9 application and remanded for fresh consideration.

15 Jun 2010

The appellant, Khorshed E. Nagarwalla, filed an appeal against an order of a learned Single Judge of the Bombay High Court dismissing her application ...

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