Search Results for "conciliation under CPC"

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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.

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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High Court of Bombay Dismisses Broker's Challenge to Arbitral Award in Client Dispute Over Delay Paying Charges. Unilateral Charging of 2% Daily Interest Without Specific Agreement or Proof of Loss Held Unconscionable and Not Enforceable Under Section 34 of Arbitration and Conciliation Act, 1996.

The case involves a dispute between Sharekhan Limited, a trading member/broker of the Bombay Stock Exchange (BSE), and Nita Thakkar, a client. The bro...

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Bombay High Court Allows Appeal in Property Suit, Sets Aside Order Rejecting Plaint for Non-Prosecution. Court holds that dismissal of suit for default under Order IX Rule 8 CPC is not permissible when the plaintiff's counsel is absent but the defendant is present and ready to proceed.

The appellant, Prabhudayal Pande, filed a First Appeal against an order dated 14.8.2014 passed by the 8th Joint Civil Judge (Sr.Dn.), Nagpur, in Speci...

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Karnataka High Court Dismisses Appeal Against Decree of Specific Performance of Sale Agreement. Court holds that plaintiff's readiness and willingness to perform is established by evidence of payment of balance sale consideration and execution of sale deed within time.

The present first appeal is filed by the defendant under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 30...

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High Court of Bombay at Goa Partially Allows Contractor's Appeal in Contract Dispute Over Interest and Escalation Claims. Court holds that interest under Section 34 CPC is discretionary and that escalation claims not pleaded cannot be awarded.

The dispute arose out of a contract for improvement of riding quality of NH-4A in Goa awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contr...

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Bombay High Court Dismisses Appeal Against Decree of Specific Performance in Development Rights Dispute. Agreement for Sale of Development Rights Held Enforceable and Not Barred by Limitation or Registration Requirements.

The case involves a commercial appeal arising from a suit for specific performance of an agreement dated 10th March, 2003. The appellant, Samir Narain...

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Bombay High Court Dismisses Revision Against Rejection of Section 47 CPC Application in Arbitration Execution — Judgment Debtor Cannot Re-litigate Arbitral Award Validity in Execution Proceedings

The petitioner, M/s Sira Constructions, was the judgment debtor in an execution proceeding arising from an arbitral award passed under the Arbitration...