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Bombay High Court Allows Appeal Against Rejection of Section 9 Application in Arbitration Dispute Over Barge Sale Agreement. Jurisdictional Objection Must Be Decided Before Granting or Refusing Interim Relief Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, M/s. Prince Marine Transport Services Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against...

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High Court of Karnataka Disposes of Appeals Against Interim Injunction in Temple Pooja Rights Dispute. Appeals under Section 104 read with Order XLIII Rule 1(r) CPC challenge trial court's order restraining interference with hereditary archakas' rights at Shree Mahabaleshwara Temple.

The miscellaneous first appeals arose from a common order dated 2020-02-19 passed in Original Suit No. 2 of 2016 by the Principal District and Session...

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High Court of Bombay Adjudicates Petitions Under Section 37 of Arbitration Act Against Interim Deposit Order. The Arbitral Tribunal Had Directed Joint and Several Deposit of Rs.190 Crores and Restraint on Property Alienation.

The dispute arose from a Share Holders Agreement (SHA) dated 27 December 2012 and subsequent amendments between the Claimants (investors) and the Resp...

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"Bombay High Court Condonation of Delay in Filing Arbitration Challenge" "Justice Arif S. Doctor condones a 14-day delay in filing under Section 34, interpreting procedural requirements for signed arbitral awards in light of mandatory statute compliance."

1. Introduction and Parties The case involves the Mumbai Metropolitan Region Development Authority (MMRDA) as the petitioner and Mumbai Metro One Pvt...

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Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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High Court of Karnataka Dismisses Petition Challenging Extension of Arbitral Mandate Under Section 29-A(5) of Arbitration and Conciliation Act, 1996 — Demise of Arbitrator and Insolvency of Party Held Sufficient Cause for Extension Despite Lack of Consent Under Section 29-A(3).

The petitioners, Scape Marketing Private Limited and others, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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Bombay High Court Allows Revision Application of Lessor in Rent Control Exclusion Case. Company That Lost Rent Control Protection Due to High Paid-Up Share Capital Cannot Regain It by Subsequent Reduction.

The case involves a dispute between M/s. Depe Global Shipping Agencies Pvt. Ltd. (Plaintiff/Lessor) and M/s. Mather and Platt (India) Ltd. (Defendant/...

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Bombay High Court Allows Interest on Delayed Payment of Labour Court Award Under Section 33-C(2) of Industrial Disputes Act, 1947. Labour Court has power to award interest for period between date of award and actual payment to prevent miscarriage of justice.

The petitioner, Mrs. Prabhavati Ramgarib B., filed a writ petition challenging the order of the Central Government Industrial Tribunal and Labour Cour...