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High Court of Karnataka Dismisses Petition Challenging Extension of Arbitral Mandate Under Section 29-A(5) of Arbitration and Conciliation Act, 1996 — Demise of Arbitrator and Insolvency of Party Held Sufficient Cause for Extension Despite Lack of Consent Under Section 29-A(3).

The petitioners, Scape Marketing Private Limited and others, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

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Bombay High Court Allows Appointment of Arbitrator in Arbitration Petition Under Section 11(6) of Arbitration & Conciliation Act, 1996 — Petitioner's Application for Appointment of Retired District Judge as Sole Arbitrator Granted Due to Respondent's Failure to Appoint Arbitrator Despite Notice.

The petitioner, M/s Bafna Udyog, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment ...

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Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

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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.

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

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Bombay High Court Allows Application for Appointment of Arbitrator in Railway Contract Dispute. Arbitration Clause in Works Contract Enforced Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, a registered government contractor, was awarded a contract by the respondent, the General Manager of South Central Railway, for extensi...

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Supreme Court Dismisses Appeal Challenging Non-Disclosure of Arbitrators' Names Under Chamber Rules. Rule III(3) of Indian Chamber of Commerce Rules Upheld Not Violative of Arbitration Act, 1940.

The dispute arose from a contract dated 1964 between the appellant, Union Textile Traders, and the respondent, Shri Bhawani Cotton Mills Ltd., for the...

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Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...