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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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High Court of Karnataka Adjudicates Multiple Petitions Under Section 11 of Arbitration Act for Appointment of Sole Arbitrator in Loan Agreements. Petitions Filed by Financial Services Company Against Borrowers Under Loan and Security Agreements Containing Clause 21 Arbitration Clause.

The petitions were filed by Caterpillar Financial Services India Private Limited, a company incorporated under the Companies Act, 1956, against variou...

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Supreme Court Allows Employer's Appeal in Gratuity Dispute — Trust Deed and Scheme Capped Gratuity at Statutory Limit Under Payment of Gratuity Act, 1972. Employer's Gratuity Scheme Did Not Abandon Statutory Ceiling; Employee Entitled Only to Statutory Maximum.

The appeal arose from a dispute between BCH Electric Limited (appellant-employer) and Pradeep Mehra (respondent-employee) regarding the quantum of gra...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Non-Payment and Failure to Issue Taking Over Certificate. Court holds that disputes regarding interim payment certificates and issuance of TOC are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicants, BSI-JDN Joint Venture and others, filed four applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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Bombay High Court Allows Appointment of Arbitrator Despite Earlier Refusal to Extend Mandate Under Section 29A of Arbitration Act — Refusal to Extend Mandate Does Not Terminate Arbitral Proceedings or Bar Fresh Appointment Under Section 11.

The case involves a dispute arising out of a Deed of Assignment of Development Rights dated 6 December 2010 between the applicants (Nalin Vallabhbhai ...