Search Results for "section 34"

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Search Results for "section 34"

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High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Insurance Dispute — Floater Policy Interpretation and Burden of Proof Upheld. The court held that the arbitrator's finding that the policy was not a floater policy and that the insured failed to prove loss was not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

27 Nov 2012

The petitioner, M/s. Boghara Polyfab Pvt. Ltd., obtained a Standard Fire and Special Perils Policy from the respondent, National Insurance Company Ltd...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Construction Dispute. Court upholds arbitrator's findings on limitation and quantum under Section 34 of the Arbitration and Conciliation Act, 1996.

27 Nov 2012

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 to an arbitral award dated 20 February 2009 passed by a s...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Favor of Client Against Trading Member for Unauthorized Trades. Award of Rs.6,59,634.54 with interest upheld as not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

19 Nov 2012

The petitioner, Angel Broking Private Limited, a trading member, challenged an arbitral award dated 29 August 2009 passed by a sole arbitrator appoint...

High Court

Bombay High Court Dismisses Arbitration Petition for Lack of Jurisdiction in Construction Dispute. Court at Ratnagiri, where cause of action arose, has exclusive jurisdiction under Section 2(e) of the Arbitration and Conciliation Act, 1996 to entertain Section 34 petition.

29 Oct 2012

The petitioner, Premlaxmi And Co., filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

High Court

Bombay High Court Grants Injunction Against Enforcement of Interim Arbitral Award Pending Section 34 Challenge. Court holds that once a petition under Section 34 of the Arbitration and Conciliation Act, 1996 is filed within time, the arbitral award does not become enforceable until the expiry of the limitation period or disposal of the petition, and interim relief can be granted to preserve the subject matter.

18 Oct 2012

The case involves a Notice of Motion filed by the petitioners in an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 199...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Contractual Dispute Over Withheld Payments. Court upholds award directing release of Rs. 2,66,48,000 with 8% interest, finding no patent illegality or perversity under Section 34 of the Arbitration and Conciliation Act, 1996.

11 Oct 2012

The petitioner, Hindustan Petroleum Corporation Ltd., challenged an arbitral award dated 2 March 2009 passed by a sole arbitrator under Section 34 of ...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside District Court Order That Had Set Aside Arbitral Award in Partnership Dispute. The court held that the District Court exceeded its jurisdiction by reappreciating evidence and substituting its own view, which is not permissible under Section 34 of the Arbitration and Conciliation Act, 1996.

11 Oct 2012

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by the appellants (partners of a firm) against the o...

High Court

Bombay High Court Sets Aside Arbitral Award in Lease Finance Dispute Due to Limitation Bar. Claim for Enhanced Rent Based on Depreciation Disallowance Held Time-Barred Under Article 137 of Limitation Act, 1963.

9 Oct 2012

The petitioner, Aditya Birla Chemicals (India) Ltd., challenged an arbitral award dated 9th August, 2011 under Section 34 of the Arbitration and Conci...

High Court

Bombay High Court Dismisses Arbitration Petition Challenging Arbitral Award in Railway Contract Dispute. Court upholds arbitrator's rejection of claim for extension of lease, finding no error of law or jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996.

8 Oct 2012

The petitioner, Prajapati Gunvant Keshavlal, was engaged in loading and unloading goods from railway wagons. On 11th June 2009, the respondent, Union ...

High Court

Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award Rejecting Counterclaims as Time-Barred. Court holds that limitation for counterclaims arising from same transaction as main claim is governed by Article 1 of Limitation Act, 1963, and that the arbitral tribunal erred in applying a strict three-year period from the date of termination without considering the continuing breach and the date of final bill.

1 Oct 2012

The petitioner, Rolta India Limited, filed two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an in...

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