Search Results for "Arbitration Act, 1940"

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Search Results for "Arbitration Act, 1940"

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Supreme Court

Supreme Court Dismisses Petition Seeking Interest on Interest in Arbitration Award Under Indian Arbitration Act, 1940 — Simple Interest on Principal Sum Only. The court held that post-award interest is payable only on the principal sum adjudged, not on pre-award interest, as per Section 29 of the Indian Arbitration Act, 1940 and Section 34 CPC.

27 Aug 2024

The dispute arose from an arbitration award dated 17.09.1997 under the Indian Arbitration Act, 1940, between M/s D. Khosla and Company (petitioner) an...

High Court

High Court of Bombay Allows Union of India's Appeal Against Modification of Arbitrator's Award on Interest Rate in Construction Contract Dispute. Arbitrator's discretion to award interest at 12% per annum upheld as reasonable under Section 29 of the Arbitration Act, 1940.

4 Feb 2014

The case arises from a construction contract awarded by the Union of India (appellant) to M/s Bajaj & Co. (respondent) in 1986 for building an Air Rou...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Advertising Agency Dispute — Retainer Fee Clause Interpreted as Monthly Payment Obligation. The court upheld the Arbitrator's finding that the Petitioner was liable to pay monthly retainer fees and fees during the notice period under the Company/Agency Agreement.

20 Jan 2014

The Petitioner, Maxx Moblink Pvt. Ltd., a company in the business of marketing and trading mobile phones, entered into a Company/Agency Agreement date...

High Court

Bombay High Court Dismisses Government Appeal in BOT Bridge Dispute. Court upholds arbitral award granting escalation costs and interest to contractor for owner's delay in providing right of way and toll collection issues.

6 Feb 2013

The Government of Maharashtra, through the Executive Engineer, Alibag Public Works Division, filed an appeal under Section 37 of the Arbitration and C...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Awards in Partnership Dispute — No Interference Under Section 30 of Arbitration Act, 1940 as Awards Based on Appreciation of Evidence. The court upheld the Single Judge's order dismissing petitions challenging arbitral awards, finding no error in the conclusion that the awards were based on evidence.

1 Aug 2014

The case involves four appeals filed by family members challenging the order of a learned Single Judge of the Bombay High Court dismissing their petit...

High Court

High Court of Karnataka Allows Union of India's Revision in Arbitration Execution Case Due to Merger of Interim Award with Final Award. Interest Calculation Must Be Based on Final Award Under Section 31(7)(b) of Arbitration and Conciliation Act, 1996.

2 Sep 2014

The Union of India, owning South Western Railway, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging ...

High Court

High Court of Bombay at Kolhapur Dismisses Appeal Under Section 37 of Arbitration and Conciliation Act, 1996 — Upholds Arbitral Award and District Judge's Order Dismissing Section 34 Application. The court held that the challenge to the arbitral award on merits is not permissible under Section 34 as the award is not patently illegal or against public policy.

20 Jul 2026

The appellant, Mr. Abdulgapr Maktumsab Hudali, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgmen...

High Court

Bombay High Court Dismisses Section 34 Petition for Lack of Jurisdiction Due to Exclusive Jurisdiction Clause in Lease Agreement. Parties Agreed That Chennai City Court Alone Has Exclusive Jurisdiction Over Disputes, Despite Arbitration in Mumbai.

23 Jan 2013

The petitioner, Vachaspati Sharma, challenged an arbitral award dated 16 June 2011 under Section 34 of the Arbitration and Conciliation Act, 1996, bef...

High Court

High Court Holds in Review Petition that CPC Amendments under Commercial Courts Act Do Not Apply to Commercial Disputes Below Specified Value. The 120‑day limit for written statement under Order VIII Rule 1 of CPC, 1908 as amended by the Commercial Courts Act, 2015 is inapplicable to suits where the Specified Value is below Rs. 3 lakhs, even if the suit is before the Commercial Division under the proviso to Section 7.

1 Jun 2019

The dispute arose in a commercial suit where the Plaintiff had determined the Specified Value at Rs. 20,000, which was below the threshold of Rs. 3 la...

High Court

High Court of Karnataka Upholds Impounding of Arbitration Agreement for Stamp Duty Deficiency — Civil Court Must Refer to Deputy Commissioner Under Section 37(2) of Karnataka Stamp Act, 1957. The court held that the arbitration agreement is an instrument subject to stamp duty, and the Civil Court, while considering an application under Section 8 of the Arbitration Act, 1940, must follow the mandatory procedure under the Karnataka Stamp Act, 1957, for impounding and reference to the Deputy Commissioner.

24 Mar 2016

The petitioner, United Precision Engineers Pvt. Ltd., filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging ord...

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