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Bombay High Court Allows Section 11 Application, Holds LLP Can Be Party to Arbitration Under LLP Agreement Despite Not Being Signatory. LLP Agreement is Charter Document Binding the LLP, and Disputes Relating to LLP's Affairs Necessarily Involve LLP as Party.

The applicant, Kartik Radia, a former partner of BDO India LLP, was expelled from the LLP. He sought to initiate arbitration under the LLP Agreement d...

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Bombay High Court Dismisses Petitions by Non-Signatories Under Section 37 of Arbitration Act. Third Parties Cannot Appeal Interim Arbitral Orders Absent Privity of Arbitration Agreement.

The dispute arose from arbitration proceedings between Excel Metal Processors Pvt. Ltd. (respondent no.1) and Shakti International Private Limited (re...

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Bombay High Court Dismisses Section 37 Appeals, Upholding Arbitral Award Against Project Owner in Construction Dispute. Project Owner Bound by Arbitration Clause Though Non-Signatory, Owing to Active Participation and Common Intention Under Cox and Kings Principle.

The Bombay High Court considered three appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a construction contract dis...

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High Court of Bombay Dismisses Application for Reference to Arbitration in Summary Suit as Invoices Not Based on Arbitration Agreement. Mandatory Condition Under Section 8 of Arbitration and Conciliation Act, 1996 Not Satisfied as Subject Matter of Suit Differs from Arbitration Agreement.

The matter arose from a summary suit filed by M/s. Ruby Organics Pvt. Ltd. against M/s. Sai Mirra Innopharm Pvt. Ltd. for recovery of amounts due on v...

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Bombay High Court Dismisses Petition for Interim Measures in Slum Rehabilitation Dispute Under Section 9 of Arbitration Act, Citing Public Interest in Airport Development. Termination of Determinable Contract Not Stayed as Injunction Would Amount to Specific Performance Barred Under Specific Relief Act.

The case arose from a petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Housing Development and Infrastructure Limited ...

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Bombay High Court Dismisses Section 37 Appeal Against Partial Setting Aside of Arbitral Award in Construction Contract Dispute — Non-Signatory Principal Held Liable Based on Agency Relationship and Implied Consent.

The appeals arose from three arbitral awards passed in disputes relating to the construction of mustard seed processing and storage silos in Rajasthan...