Search Results for "arbitrator discretion"

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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High Court Quashes Endorsement Denying Compensation in Land Acquisition for National Highway — Payment Cannot Be Withheld Due to Title Dispute After Vesting. Competent Authority Must Deposit Disputed Amount Before Court Under Section 3G(5) of National Highways Act, 1956, Not Refuse Payment.

The petitioner, T. Younis @ Unees, a landowner, challenged two endorsements dated 20.05.2022 and 20.09.2022 issued by the Special Land Acquisition Off...

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Bombay High Court Dismisses Writ Petition Challenging Arbitrator's Order Rejecting Stamp Duty Objection. Arbitrator has power to impound insufficiently stamped agreement under Section 33 of Maharashtra Stamp Act as a person in charge of a public office.

The petitioners, Milind Dattatraya Mahajan and others, filed a writ petition challenging an order dated 8.4.2018 passed by the learned sole Arbitrator...

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Bombay High Court Dismisses BCCI's Challenge to Arbitral Award in Media Rights Dispute. Court upholds arbitrator's finding that termination of Media Rights License Agreement was illegal and that Nimbus Communications was entitled to damages.

The petitioner, Board of Control for Cricket in India (BCCI), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challen...

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Bombay High Court Dismisses Challenge to Arbitral Award in Leave and License Dispute — Petitioner's Breach of Agreement Upheld. Arbitrator's Award of Rs. 90 Lakhs Damages with Interest Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Ropa Plastics Private Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral a...

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Bombay High Court Dismisses Appeal Against Arbitral Award — Time Limit in Consent Order Held Directory, Not Mandatory. Arbitrator's Mandate Did Not Terminate Automatically Upon Expiry of Four-Month Period Under Section 14 of Arbitration and Conciliation Act, 1996.

The appeal arose from an order of a Single Judge dismissing a petition challenging an arbitral award dated 31.3.2004. The dispute originated from Suit...