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Bombay High Court Dismisses Petition Challenging Arbitral Award Under Section 30 of Arbitration Act, 1940 — Upholds Award Allowing Claims and Rejecting Counterclaims. Arbitrator's Findings on Agency Agreement and Limitation Upheld as Not Perverse or Contrary to Law.

The petitioners, Metal Tube And Rolling Mills and others, filed a petition under Section 30 of the Arbitration Act, 1940 challenging an arbitral award...

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Bombay High Court Dismisses Appeal Against Rejection of Time-Barred Counterclaim in Arbitration. Limitation for Counterclaim Runs from Date of Termination of Contract, Not from Subsequent Correspondence.

The appeal arose from an order dated 1 October 2012 passed by a learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996, d...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

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Supreme Court Dismisses Appeal Against Arbitral Award, Holds Legal Representatives Must Challenge Under Section 34 of Arbitration Act. The Court affirmed that the Arbitration Act is a complete code and legal heirs cannot bypass Section 34 by filing a revision under Article 227.

The present appeal arose from a dispute over a Deed of Agreement for Sale dated 20.04.2007 between Mr. Appu John and Respondent No. 1. After Mr. Appu ...

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Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...