Search Results for "Arbitration Act, 1940"

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Search Results for "Arbitration Act, 1940"

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High Court

Bombay High Court Holds Court Fee on Appeal Under Section 37 of Arbitration Act Payable Under Article 4 of Schedule I of Maharashtra Court Fees Act. Appeal is a memorandum of appeal, not an application, thus ad valorem fee applies.

25 Apr 2016

The appellant filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 challenging an order dated 28.08.2015 passed under Sectio...

Supreme Court

Supreme Court Partly Allows Appeal in Arbitration Case, Modifying Interest Award Due to Claimant's Delay and Unreasonable Rate. Arbitrator's Discretion Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996 Must Be Exercised with Reasons, and Interest Cannot Be Awarded for Periods of Inaction, with Rate Reduced from 18% to 9% and 6%.

30 Sep 2022

The dispute originated from a construction contract awarded in 1971 for building a road link, with completion delayed until 1977. The contractor, afte...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Awards in Charter Party Disputes — Umpire's Appointment by Consent Valid, No Grounds for Setting Aside Award Under Section 34 of Arbitration and Conciliation Act, 1996. The court held that the umpire's appointment was with consent and the award was not liable to be set aside on grounds of error of law or fact.

2 Dec 2013

The case involves three appeals filed by the Union of India and the Food Corporation of India against orders of a learned Single Judge dismissing thei...

High Court

Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

19 Nov 2012

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

Supreme Court

Supreme Court Sets Aside High Court Order Condoning Delay in Arbitration Challenge. Limitation Period Under Section 34(3) of Arbitration and Conciliation Act, 1996 Held Absolute and Not Extendable Beyond 30 Days.

16 Dec 2021

The appellant, Mahindra and Mahindra Financial Services Ltd., had provided a loan to the respondent, Maheshbhai Tinabhai Rathod, for purchase of tract...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Recovery Due to Prior Arbitration Awards. The court held that the suit is barred by res judicata as the same claims were already adjudicated in arbitration proceedings under the Arbitration Act, 1940.

26 Sep 2012

The plaintiff, Unique Integrated Transport & Management Consultancies Pvt. Ltd., filed a suit against Mahanagar Telephone Nigam Ltd. (MTNL) and its of...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Construction Contract Dispute — Excess Material Consumption Claim Upheld, Defective Work Claim Set Aside. Court Interprets Contractual Wastage Allowances and Holds That Arbitrator's Findings on Excess Consumption Are Not Perverse, But Award for Defective Work Lacks Evidence.

2 Sep 2014

The petitioner, New Consolidated Construction Co. Ltd., challenged an arbitral award dated 16th September 2013 under Section 34 of the Arbitration and...

Supreme Court

Supreme Court Refers Question of Excepted Clauses in Government Contracts to Larger Bench — High Court Erred in Relying on Bharat Drilling Without Analyzing Contractual Clauses. The issue of whether prohibitory claim clauses bind the Arbitral Tribunal requires authoritative determination by a larger bench.

5 Dec 2025

The State of Jharkhand appealed against the judgment of the Jharkhand High Court which allowed a Section 37 appeal under the Arbitration and Conciliat...

Supreme Court

Supreme Court Dismisses Corporate Debtor's Appeal Against Admission of Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Erstwhile Directors Cannot Maintain Appeal After Appointment of Insolvency Professional, Signaling Paradigm Shift to Inability of Management to Continue if Unable to Pay Debts.

1 Aug 2026

Background: The case arose under the newly enacted Insolvency and Bankruptcy Code, 2016 (IBC), which came into force in November-December 2016. The ap...

High Court

Bombay High Court Allows Appointment of Independent Arbitrator in Municipal Contract Dispute — Commissioner Disqualified Due to Justifiable Bias. Section 11(6) of Arbitration and Conciliation Act, 1996 invoked as named arbitrator was a party to the agreement.

28 Jan 2011

The petitioner, Solutions Advertising, entered into an agreement with the Thane Municipal Corporation on 19 September 2008 to construct 298 bus shelte...

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