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Bombay High Court Allows Commercial Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Loan Agreement Contains Valid Arbitration Clause. Court Appoints Sole Arbitrator to Adjudicate Dispute Over Unpaid Loan Amount of Rs. 1,50,00,000.

The applicant, Aditya Birla Finance Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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Bombay High Court Allows Arbitration Application Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unregistered Partnership Firm. Court Holds That Section 69(3) of Partnership Act, 1932 Does Not Bar Arbitration Reference for Claims Arising from Partnership Disputes.

The applicant, Ezra Victor Aboody, and the respondent, H. Dhanrajgir Estate Pvt. Ltd., entered into a partnership deed on 14 February 2003 for coachin...

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Bombay High Court Dismisses Arbitration Petitions for Appointment of Arbitrator Due to Absence of Arbitration Agreement. Invoices Relied Upon by Distributors Did Not Contain Arbitration Clause, and No Other Agreement Was Produced.

The judgment involves multiple arbitration petitions filed by various distributors (petitioners) against Elder Pharmaceuticals Limited (respondent) se...

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Bombay High Court Dismisses Challenge to Arbitral Award in Electricity Transmission Contract Dispute. Court upholds majority award granting escalation costs and interest to contractor for delays caused by principal.

The petitioner, Maharashtra State Electricity Transmission Co. Ltd., challenged a majority arbitral award dated 6 January 2017 under Section 34 of the...

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Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution

The Supreme Court dismissed two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against the judgme...

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Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

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Bombay High Court Hears Arbitration Petition - ONGC Challenges Umpire’s Award Granting Six Days’ Extension in Pipeline Project. Petition contends that the extension was granted in breach of contract clauses 5.9 and 41.8 and without evidence, after rejecting the related claim for cost of repairs.

The dispute arose from a contract dated 6 November 1989 between Oil and Natural Gas Corporation Limited (ONGC) as employer and a consortium of foreign...

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Bombay High Court Allows Arbitration Petitions by Cab Company Against Drivers, Appoints Sole Arbitrator. Arbitration clause in Driver Agreement survives termination under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Meru Cab Company Private Limited, filed four arbitration petitions under Section 11 of the Arbitration and Conciliation Act, 1996, see...

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Bombay High Court Considers Chamber Summons to Set Aside Abatement of Arbitration Petition and Condonation of Delay. Application Filed Under Order 22 Rule 9 of Code of Civil Procedure, 1908 to Bring Legal Representatives of Deceased Parties on Record.

The Chamber Summons was filed under Order 22 Rule 9 of the Code of Civil Procedure, 1908, seeking to set aside the abatement of Arbitration Petition N...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Favour of Claimant. Court Holds That Single Judge Erred in Reappreciating Evidence and Interfering with Arbitrator's Findings on Quantum and Interest.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Paramount Limited (appellant) against the judgmen...