Search Results for "Arbitration Act, 1940"

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Search Results for "Arbitration Act, 1940"

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High Court

Bombay High Court Dismisses Second Appeal in Execution Proceedings — Third Party Objections Rejected for Lack of Evidence. Appellants failed to prove independent possession prior to attachment under Order 21 Rule 97 CPC, resulting in dismissal of objections and restoration of possession to decree holder.

18 Dec 2014

The case arises from execution proceedings initiated by Respondent No. 1 (decree holder) against Respondent No. 2 (judgment debtor). The appellants, c...

High Court

Bombay High Court Quashes BPCL Circular Imposing Refill Ceiling Limits on LPG Distributors as Unilateral and Arbitrary. Distributorship Agreements Without Ceiling Limits Cannot Be Varied Unilaterally by Issuing Circulars.

30 Sep 2019

The petitioners, seven LPG distributors of Bharat Petroleum Corporation Limited (BPCL), challenged a circular dated 4 January 2018 and a subsequent co...

High Court

Bombay High Court Allows Writ Petition Seeking Registration of Deed of Conveyance — Registering Officer Cannot Refuse Registration for Non-Production of Title Deeds. The Court held that under Sections 34 and 35 of the Registration Act, 1908, the Registering Officer's power is limited to verifying execution and identity, and refusal on extraneous grounds is illegal.

24 Jun 2015

The petitioners, Nestor Builders & Developers Pvt. Ltd. and its director, filed a writ petition under Article 226 of the Constitution of India seeking...

High Court

Bombay High Court Dismisses Insolvency Petition Against Deceased Insolvent, Holding Proceedings Abate Upon Death. Insolvency Petition Under Presidency Towns Insolvency Act, 1909 Abates as Act Does Not Permit Substitution of Legal Representatives.

5 Oct 2023

The case involves an insolvency petition filed by Prime Securities Ltd. against Anil Mithalal Shah under the Presidency Towns Insolvency Act, 1909. Th...

Supreme Court

Supreme Court Upholds Arbitral Award in Family Partition Dispute Between Brothers, Modifies by Consent. Close Relatives as Arbitrators Valid; Award Passed in One Sitting Not Invalid.

12 Feb 2020

The dispute arose between two real brothers, Balwant Singh and Dungar Singh, after the death of their father Jeet Mal Jain regarding partition of fami...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Favour of Transport Contractor in Dispute Over Deduction for Alleged Moisture in Oil Sample. Failure to Record Moisture on Delivery Challan and Acceptance of Sample Without Demur Amounts to Waiver Under Contract Clauses 21 and 27.

29 Apr 2013

The petitioner, Indian Oil Corporation Ltd. (IOC), challenged an arbitral award dated 19th May 2009 passed by a Sole Arbitrator in favour of the respo...

High Court

High Court of Gujarat Dismisses Revision by Union of India in Arbitration Award Execution — Interest Calculation Upheld. Executing Court Cannot Go Behind Decree; Order Directing Deposit of Outstanding Amount with Interest at 15% Per Annum Sustained.

25 Feb 2026

The Union of India filed a revision under Section 115 of the Code of Civil Procedure, 1908 against an order dated 02.05.2003 passed by the Judge, Cour...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to File Written Statement and Counterclaim Under Order 8 Rule 1 CPC — Petitioner Failed to Show Sufficient Cause for Delay Beyond 90 Days. The court upheld the trial court's discretion in refusing to condone the inordinate and unexplained delay in filing the written statement, holding that the statutory period under Order 8 Rule 1 CPC cannot be extended beyond 90 days except in exceptional circumstances.

28 Aug 2019

The petitioner, Vesta Building Products Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30 ...

High Court

Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

18 Dec 2019

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

High Court

Bombay High Court Allows Seafarer's Wage Claim Against Vessel in Admiralty Suit — Wages for Chief Engineer on Two Vessels Held to be Maritime Lien with Priority Over Other Claims Under Merchant Shipping Act, 1958. Seafarer's claim for unpaid wages and statutory compensation under Section 129 of the Merchant Shipping Act, 1958 constitutes a maritime lien with high priority, recoverable from sale proceeds of the vessel.

5 Jul 2019

The plaintiff, Jagdish Singh Bhadauria, a seafarer and Chief Engineer, filed an admiralty suit against the vessel Bharati S (IMO 8122103) and the Offi...

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