Search Results for "conciliation under CPC"

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Search Results for "conciliation under CPC"

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High Court

Bombay High Court Allows Referral to Arbitration in Specific Performance Suit — Agreement of Sale Contains Valid Arbitration Clause. Section 8 of Arbitration and Conciliation Act, 1996 mandates referral when arbitration agreement exists and subject matter is arbitrable.

20 Mar 2018

The Petitioner, Suman Baburao Thapa, was the defendant in Special Civil Suit No.566 of 2011 filed by Respondent Nos.1 and 2 (Jigar K. Mehta and Anand ...

High Court

Bombay High Court Dismisses Subcontractor's Petition to Restrain Invocation of Performance Bank Guarantee Under Section 9 of Arbitration Act. Bank Guarantee Held to Be an Independent Contract Between Bank and Beneficiary, Not Subject to Injunction Absent Fraud or Irreparable Injustice.

4 May 2012

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

High Court

Bombay High Court Sets Aside Arbitral Award in Stock Broker Dispute Due to Patent Illegality and Violation of Natural Justice. The court held that the arbitral tribunal erroneously shifted the burden of proof and failed to follow principles of natural justice, rendering the award liable to be set aside under Section 34 of the Arbitration and Conciliation Act, 1996.

31 Aug 2012

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a tribunal constituted un...

High Court

Bombay High Court Sets Aside Arbitral Award for Violation of Natural Justice and Failure to Consider Evidence. The court held that the arbitrator's failure to consider the contractor's evidence and counter-claim, and the award being unreasoned, rendered the award patently illegal and in conflict with public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

24 Sep 2012

The petitioner, M/s. Pancham International, a contractor, was appointed by the Union of India (Respondent No.1) for supply of bush shirts, pants, and ...

High Court

High Court of Karnataka Quashes Lok Adalat Award in Partition Suit for Violation of Natural Justice. Petitioners, who were entitled to 1/4th share each in joint family property, were not allotted any share in compromise decree passed without their consent.

6 Feb 2014

The petitioners, Vajravathi and Roopa, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the award dated 13.04...

High Court

Bombay High Court Dismisses Husband's Appeal Against Divorce by Mutual Consent — Consent Once Given Cannot Be Unilaterally Withdrawn Without Just Cause Under Hindu Marriage Act, 1955. The court upheld the Family Court's decree of divorce by mutual consent despite the husband's subsequent withdrawal, holding that the Family Court had correctly found the consent to be free and voluntary.

6 May 2011

The appeal arose from a divorce petition filed by the wife on the ground of cruelty. During pendency, the parties executed consent terms on 6 October ...

High Court

High Court of Bombay at Aurangabad Dismisses Writ Petition by BSNL Against Arbitral Award — Challenge to Award Under Section 34 of Arbitration and Conciliation Act, 1996 Not Maintainable as Petition Filed Beyond Limitation and Without Proper Grounds. The court held that the writ petition under Article 226 is not maintainable when an efficacious alternative remedy under Section 34 of the Arbitration and Conciliation Act, 1996 is available, and the petition was filed beyond the limitation period without any application for condonation of delay.

3 Dec 2013

The petitioner, the General Manager of Bharat Sanchar Nigam Ltd. (BSNL), filed a writ petition under Article 226 of the Constitution of India challeng...

High Court

Bombay High Court Allows Arbitration Petition and Appoints Sole Arbitrator in Kotak Mahindra Bank Ltd v. Williamson Magor & Co Ltd & Anr — Put Option Agreement Dispute. The court found that a valid arbitration agreement existed based on correspondence and conduct, and appointed a former judge as arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

5 Mar 2021

The petitioner, Kotak Mahindra Bank Ltd, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

High Court

High Court of Bombay at Goa Allows Petitioner to File Written Statement in Commercial Suit Despite Delay — Emphasizes Liberal Approach Under Order VIII Rule 1 CPC and Commercial Courts Act. The court set aside orders of Commercial Court that had precluded the defendant from filing written statement, holding that the Commercial Court erred in mechanically rejecting the application for time without considering the reasons for delay and the lack of prejudice to the plaintiff.

26 Jul 2019

The petitioner, Vedanta Limited, challenged two orders of the Commercial Court at Panaji in Special Civil Suit (Commercial) No.84 of 2017. The first o...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Awards in Partnership Dissolution Dispute. Court upholds award on Grant Road firm but sets aside award on Colaba firm due to lack of reasons on counterclaim.

25 Jan 2023

The petitioner, Zenobia Poonawala, filed two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging two arbitral awards...

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