Search Results for "section 34"

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Search Results for "section 34"

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High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Construction Contract Dispute — Upholds Claims for Reimbursement and Infructuous Expenses but Sets Aside Award for Loss of Profits as Unsupported by Evidence. The court held that loss of profits cannot be awarded without proof of actual loss and that the contractor failed to discharge its burden.

22 Jan 2019

The Municipal Corporation of Greater Bombay (MCGM) challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The di...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Holds That Arbitral Tribunal Erred in Rejecting Claims Without Proper Consideration of Contractual Provisions and Evidence. The court found that the tribunal's interpretation of the price variation clause, extra items, and compensation for delay was perverse and contrary to the plain language of the contract, warranting interference under Section 34 of the Arbitration and Conciliation Act, 1996.

17 Jan 2019

The petitioner, Chenab Bridge Project Undertaking, a joint venture contractor, was awarded a construction contract by the respondent, Konkan Railway C...

High Court

Bombay High Court Dismisses Challenge to Partial Arbitral Award on Jurisdiction — Draft Joint Executing Agreement Held to be Concluded Contract with Valid Arbitration Clause. The court upheld the arbitral tribunal's finding that the JEA was a concluded contract and the arbitration agreement was valid, subsisting and binding.

10 Jan 2019

The petitioner, M3NERGY Sdn.Bhd., a Malaysian company, challenged a partial arbitral award passed by a three-member tribunal. The partial award dealt ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Hotel Management Contract Dispute — No Interference Under Section 34 as Findings Are Plausible. Arbitrator's Finding of Breach of Contract and Award of Damages Upheld as Not Perverse or Contrary to Public Policy.

8 Jan 2019

The petitioner, Hotel Corporation of India Ltd., challenged an arbitral award passed by a sole arbitrator under Section 34 of the Arbitration and Conc...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Demurrage Dispute. Charter Party Agreement's Demurrage Clause Upheld as Petitioner Failed to Prove Excepted Perils.

21 Dec 2012

The petitioner, Steel Authority of India Limited (SAIL), challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, ...

High Court

Bombay High Court Allows Section 34 Petition Despite Arbitration at Calcutta Due to Exclusive Jurisdiction Clauses. Parties Bound by Agreement Conferring Exclusive Jurisdiction on Mumbai Courts Over All Disputes.

19 Dec 2012

The petitioner, ISE Securities & Services Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

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 Dismisses Petition Challenging Arbitral Award in Supply Contract Dispute — LD Charges Upheld as Correct and No Refund Granted. The court held that the arbitral award was based on evidence and findings of fact, and no interference was warranted under Section 34 of the Arbitration and Conciliation Act, 1996.

14 Dec 2012

The Petitioner, Bharat Lakhotya, sole proprietor of M/s. Salasar Hanumanji Industries, challenged an arbitral award dated 22 July 2010 under Section 3...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Contract Dispute — Price Revision Upheld as Valid Modification. Letter dated 28 June 1999 held to have modified the terms of the Purchase Order, allowing recoveries and adjustments per letter dated 31 October 2000.

13 Dec 2012

The petitioner, M/s. JCL International Ltd., entered into a contract with the respondent, Bharat Petroleum Corporation Ltd., on 1 May 1999 for the sup...

High Court

Bombay High Court Partially Allows Arbitration Petition Challenging Rejection of Counterclaim on Limitation Grounds. Court holds that limitation for counterclaim in arbitration under BSE Byelaws runs from date of filing of claim, not from accrual of cause of action.

2 Nov 2012

The Petitioner, Hansraj Sohanlal Gouthi, HUF, through its Karta Ravi Gouthi, challenged an arbitral award dated 13 July 2009 passed by the Arbitral Tr...

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