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Search Results for "section 34"

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High Court

Madras High Court Partially Allows Section 34 Petition Against Arbitral Award in Railway Contract Dispute — Remits Claim for Reconsideration on Measurement Discrepancy. Court holds that the Arbitral Tribunal's rejection of the claim based on a mistaken understanding of the contract's measurement unit (track metre) constitutes a patent illegality under Section 34 of the Arbitration and Conciliation Act, 1996.

20 Jan 2026

The petitioner, M/s.Muthu Construction, a proprietary concern, entered into a contract with the respondent, Union of India represented by the Southern...

High Court

Madras High Court Partially Allows Section 34 Petition Challenging Arbitral Award in Contract Dispute — Remits Matter for Fresh Consideration on Constitution of Arbitral Tribunal. Court finds that the Arbitral Tribunal was improperly constituted without obtaining petitioner's waiver under Section 12(5) of the Arbitration and Conciliation Act, 1996, and remits the matter for fresh adjudication by a properly constituted tribunal.

20 Jan 2026

The petitioner, RPN Engineers Chennai Private Limited, was awarded a contract by the respondents (Integral Coach Factory, Chennai) vide Letter of Acce...

High Court

Madras High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Upholds Refund of EPF/ESI Withholdings but Remits Liquidated Damages Issue for Reconsideration. The court found that the arbitrator's rejection of liquidated damages was patently illegal due to non-consideration of contractual provisions, while the refund of EPF/ESI withholdings was valid.

2 Jan 2026

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, arising from an arbitral award dated 01.07.2019. T...

High Court

Madras High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Upholds Refund of Withheld EPF/ESI Amounts but Remits Liquidated Damages Issue for Reconsideration. The court held that the rejection of liquidated damages claim was patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996, while the award of refund of EPF/ESI deductions was not against public policy.

2 Jan 2026

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 01.07.2019. Th...

High Court

Madras High Court Dismisses Appeal Against Arbitral Award Under Section 37 of Arbitration Act — New Ground Not Raised Before Single Judge Cannot Be Raised in Appeal. Non-Consideration of Documents Claim Rejected as Arbitrator Considered All 28 Documents.

20 Jan 2025

The appeal was filed under Clause 15 of the Letters Patent read with Order XXXVI Rule 9 of the Original Side Rules and Section 37 of the Arbitration a...

High Court

Bombay High Court Dismisses Petitions Challenging Arbitral Award in Partnership Dispute — Upholds Award of Mesne Profits and Interest. Court holds that an arbitral tribunal can award mesne profits for unauthorized use of property and interest from the date of cause of action, and that the court cannot re-appreciate evidence under Section 34 of the Arbitration and Conciliation Act, 1996.

25 Oct 2018

The case involves two writ petitions filed by Kailash Anupam Khimsiya and Alpesh Maganlal Khimsiya (petitioners) challenging an arbitral award dated 3...

High Court

Bombay High Court Allows Arbitration Appeal, Sets Aside Remand Order: Limitation for Section 34 Application Runs from Service of True Copy of Award, Not from Unsigned Original. Party Serving Certified True Copy Cannot Later Challenge Award's Validity on Ground of Lack of Signatures.

27 Jul 2018

The appellant, Ramdeobaba Charitable Society, challenged an order of the Principal District Judge dated 22 September 2016, which condoned the delay in...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award as Not Maintainable Due to Failure to Issue Prior Notice Under Section 34(5) of the Arbitration and Conciliation Act, 1996. The Court Held That the Requirement of Prior Notice Is Mandatory and a Condition Precedent for Filing a Section 34 Application.

19 Apr 2018

The petitioner, Maharashtra State Road Development Corporation Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 t...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Port Trust Contract Dispute — Interest Award Set Aside as Contrary to Contractual Bar. The court upheld the refund of deducted maintenance charges but struck down the interest component as patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

5 Apr 2018

The Jawahar Nehru Port Trust (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral awar...

High Court

Bombay High Court Allows Arbitration Appeal Against Dismissal of Section 34 Application for Non-Compliance with Section 34(5) — Substantial Compliance Sufficient. The court held that the requirement of prior notice and affidavit under Section 34(5) of the Arbitration and Conciliation Act, 1996 is procedural and not mandatory, and substantial compliance is sufficient when the other party had actual notice.

23 Mar 2018

The Appellant, Vikramsinha Laxmansinha Jadhavrao, filed an Arbitration Appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996, ch...

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