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Bombay High Court Dismisses Petition Challenging Ex-Parte Arbitral Award in Loan Recovery Dispute. Court holds that non-participation in arbitration despite notice and failure to prove fraud or bias does not warrant setting aside award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, The Loot (India) Pvt. Ltd. and its directors, were borrowers and guarantors who had taken a loan from Reliance Capital Limited (the f...

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Bombay High Court Partially Sets Aside Arbitration Award Against Guarantors in Cooperative Bank Dispute — Guarantors Not Liable for Enhanced Credit Facility Without Their Consent. Guarantor Liability Cannot Be Extended Beyond Original Guarantee Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common undated arb...

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High Court of Bombay at Goa Quashes Land Acquisition Notifications in Favor of Landowner Due to Lapse Under Section 11-A of Land Acquisition Act, 1894. Award Made Beyond Two-Year Period from Section 6 Declaration Invalidates Entire Acquisition Proceedings.

The petitioner, Mrs. Aienla Semelhago, challenged the notifications under Sections 4 and 6 of the Land Acquisition Act, 1894, concerning the acquisiti...

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High Court of Bombay Quashes Labour Court Orders Condoning Delay and Setting Aside Ex-Parte Award in Industrial Dispute. Labour Court Becomes Functus Officio Once Award Enforceable Under Section 17A of Industrial Disputes Act, 1947.

The petitioner workman filed a writ petition under Article 226 of the Constitution challenging two orders of the Labour Court dated July 12, 2004 and ...

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Madras High Court Quashes Industrial Tribunal Award in Wage Dispute Due to Lack of Reasons. The Tribunal failed to provide any reasoning for granting wage revisions and allowances, rendering the award unsustainable under Article 226 of the Constitution of India.

The Management of Pennar Industries Limited filed a writ petition under Article 226 of the Constitution of India challenging the award of the Industri...

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Bombay High Court Dismisses Arbitration Petition Challenging Award Rejecting Claim for Balance Payment Under Cable Laying Contract. Court Upholds Arbitrator's Findings on Deductions and Lack of Evidence, Holding No Interference Under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Reunion Engineering Co. Pvt. Ltd., was awarded a contract on 23 January 2002 by the respondent, M/s. Petronet MHB Ltd., to lay ca...

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High Court of Bombay Considers Challenge to Interim Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996. Court Prima Facie Finds Interim Award Passed Without Considering Entire Pleadings and Grants Stay of Enforcement.

The matter involved two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an interim award dated...

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Bombay High Court Dismisses Municipal Council's Appeal Against Decree in Terms of Arbitral Award in Octroi Collection Dispute. Court Holds That Objections Under Section 30 of Arbitration Act, 1940 Cannot Be Raised After Award Is Made Rule of Court.

The appellant, Ambernath Municipal Council, a body corporate under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, ...