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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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High Court of Bombay Dismisses Appeal Against Remission of Arbitral Award for De Novo Consideration Due to Jurisdictional Error. Arbitrator Exceeded Jurisdiction by Entertaining Claims Not Raised Before Chief Engineer and Commissioner Under Contractual Pre-Arbitration Procedure.

The appellant, Biwater Penstocks Ltd., a UK-based company, entered into a contract with the Municipal Corporation of Greater Bombay (first respondent)...

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Bombay High Court Dismisses Appeal Against Arbitration Award in Property Division Dispute. Power of Attorney Appointing Panchas Held to Be Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The appeal arose from a decision of a Learned Single Judge dismissing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, chall...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Commercial Dispute — Upholds Award Under Section 34 of Arbitration and Conciliation Act, 1996. Court holds that challenge to award on merits is not permissible and that the arbitrator's findings are final on facts and law.

The Kolhapur Municipal Corporation (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitra...

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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.

The judgment concerns two arbitration petitions: Arbitration Petition No. 783 of 2011 filed by the borrowers (M/s. Sahyadri Earthmovers and its partne...

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Bombay High Court Upholds Stay of Civil Suit Pending Arbitration in Joint Venture Dispute. Arbitration Clause in Joint Venture Agreement Mandates Reference to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s Eagle AgroFarm Private Limited, owned certain properties and entered into a Joint Venture Agreement dated 9 May 2006 with Responde...