Search Results for "civil suit challenging arbitration"

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Search Results for "civil suit challenging arbitration"

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High Court

High Court of Bombay at Kolhapur Dismisses Appeal Under Section 37 of Arbitration and Conciliation Act, 1996 — Upholds Arbitral Award and District Judge's Order Dismissing Section 34 Application. The court held that the challenge to the arbitral award on merits is not permissible under Section 34 as the award is not patently illegal or against public policy.

20 Jul 2026

The appellant, Mr. Abdulgapr Maktumsab Hudali, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgmen...

Supreme Court

High Court Judgment Set Aside, Trial Court Directed to Proceed with Pending Suit on Merits

18 Apr 2024

The Supreme Court allowed the appeal filed by the State of Madhya Pradesh, challenging the Madhya Pradesh High Court's order allowing Civil Revision N...

High Court

Bombay High Court Allows Asset Reconstruction Company's Petition Against DRT Interim Relief in SARFAESI Act Case — Assignment of Debt by IIFL Upheld. The court set aside the DRT and DRAT orders granting ad-interim relief restraining the petitioner from taking steps in respect of secured assets under Section 17 of the SARFAESI Act, 2002, as the tribunals failed to consider the validity of the assignment and the balance of convenience.

18 Jan 2023

The petitioner, ASREC (India) Ltd., an Asset Reconstruction Company, challenged the order of the Debt Recovery Tribunal (DRT) dated 2 June 2022 granti...

Supreme Court

Supreme Court Upholds High Court Decision Quashing Labour Cess Demand Under Building and Other Construction Workers' Welfare Cess Act, 1996. The Court held that the cess demand was invalid as the contract work did not constitute 'building or other construction work' under Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and the levy under Sections 3(1) and (2) of the Cess Act was not applicable.

12 May 2021

The Supreme Court of India, in a civil appellate jurisdiction, addressed a special leave petition under Article 136 of the Constitution of India. The ...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Arbitral Award in Property Dispute — Upholds Award of Specific Performance and Damages. Court holds that findings of fact by arbitrator on execution of agreement and readiness to perform are not open to interference under Section 34 of Arbitration and Conciliation Act, 1996.

30 Dec 2020

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award passed by the Arbitral Tribuna...

High Court

Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC

1 Mar 2017

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th Ja...

High Court

Bombay High Court Allows Appeal Against Money Decree in Summary Suit for Dishonour of Cheque — Held That Plaintiff Failed to Prove Debt and That Cheque Was Not Issued for Discharge of Existing Liability. The Court set aside the decree as the suit was based on a time-barred debt and the plaintiff failed to establish consideration.

27 Oct 2016

The present appeal arises from a money decree passed by the City Civil Court, Mumbai in Summary Suit No.6980 of 2004. The appellants, who were the ori...

High Court

Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

18 Oct 2016

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...

High Court

Bombay High Court Allows Execution of Arbitral Award Despite Challenge Under Section 34 — Court Holds It Has Jurisdiction as Court Which Passed Decree Under Section 38 CPC. The court clarified that territorial jurisdiction for execution is determined by the court that passed the decree, not the location of the judgment debtor's residence or properties.

30 Jan 2015

The applicant, L&T Finance Limited, obtained an arbitral award against M/s. Seven Hills Construction and others. The applicant filed an execution appl...

High Court

Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

9 May 2013

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...

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