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Bombay High Court Allows Writ Petition Challenging Civil Court's Dismissal of Suit on Ground of Arbitration Clause Under Stock Exchange Bye-laws. Transaction Not Through Stock Exchange Member, Hence Civil Court Has Jurisdiction to Entertain Recovery Suit.

The petitioners, M/s. Prashant Commercial, filed a suit for recovery of Rs. 23 lakhs against the respondent, Rajratan R. Mohta, claiming that the amou...

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Supreme Court Examines High Court's Dismissal of Objections Under Section 47 CPC in Enforcement of Arbitral Award. Appeal Arises from Long-Term Coal Supply Agreement Dispute Involving Fraud Allegations and Scope of Section 47.

The dispute arose from a Long Term Agreement dated 07.03.2007 between MMTC Limited (appellant) and Anglo American Metallurgical Coal Pvt. Limited (res...

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Bombay High Court Dismisses Section 9 Petition for Interim Measures in Family Trust Dispute, Leaves Validity of Arbitration Agreement to Arbitrator under Section 16. Beneficiary Not Signatory to Trust Deed Cannot be Non-suited at Interim Stage When Arbitrator Already Appointed.

The case involved a dispute under a family trust, the Alimchandani Family Trust, created by a deed dated 24th March 1982. The settlor was Indira Bihar...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...

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Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution

The Supreme Court dismissed two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against the judgme...

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Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

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Bombay High Court Allows Appointment of Sole Arbitrator in Multimodal Transport Dispute — Arbitration Clause in Bill of Lading Held Valid and Binding. The court applied the prima facie test under Section 11(6A) of the Arbitration and Conciliation Act, 1996, and appointed a retired judge as arbitrator.

The applicant, Nagreeka Indcon Products Pvt. Ltd., a manufacturer of aluminium foil containers, sought appointment of a Sole Arbitrator under Section ...