Search Results for "counter-claims"

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Bombay High Court Considers Section 9 Petition Seeking Renewal of Bank Guarantees Pending Section 34 Challenge to Arbitral Award. Liquidated Damages Claim in Public Utility Contract Examined for Prima Facie Case in Light of Saw Pipes and Construction & Design Services Precedents.

The proceedings arose from a contract between Oil and Natural Gas Corporation Limited (ONGC) and Afcons Gunanusa Joint Venture for construction, insta...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Construction Dispute — No Perversity Found in Award Granting Rs. 8,87,664 with Interest. Arbitrator's Findings Based on Documents and Not Open to Reappreciation Under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, a Cooperative Housing Society, challenged an arbitral award dated 31 March 2010 passed by a sole arbitrator under Section 34 of the Ar...

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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Commercial Dispute. Petition Involves Interpretation of Contractual Clauses Allowing Rejection of Goods After Acceptance, Contrary to Section 42 of Sale of Goods Act.

The petitioner, a manufacturing company, issued a purchase order to the respondent, a trading company, for the supply of stainless steel seamless tube...

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Supreme Court Partially Allows Appeal in Arbitration Dispute Over Canal Construction Contract — Upholds Arbitrator's Award on Premium Rate at 93.12% for Extra Work, Remits Claim No.8 for Reconsideration, and Restores Interest at 12% Per Annum

The dispute arose from a contract dated 05.02.1985 between Chandigarh Construction Co. Pvt. Ltd. (claimant) and the State of Punjab (opposite party) f...

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High Court Dismisses Challenge to NSE Appellate Arbitral Award in Stock Broker Dispute — Upholds Squaring Off of Client's Position Due to Margin Shortfall. Regulation 3.10 of NSE F&O Regulations Does Not Mandate Prior Written Notice Before Squaring Off; Award Based on Evidence.

The Petitioner, M/s Shaunik Infotech Pvt Ltd, was a registered client of the Respondent, India Infoline Ltd, a trading member of the National Stock Ex...

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Bombay High Court Allows Writ Petitions Challenging Arbitral Award in Property Dispute — Award Set Aside for Violation of Natural Justice and Lack of Reasons. Court holds that an arbitrator must provide reasoned findings and cannot rely on unsubstantiated claims without evidence.

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award dated 30 June 2023 passed by a...

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Bombay High Court Dismisses Petition Challenging Arbitral Award Under Section 30 of Arbitration Act, 1940 — Upholds Award Allowing Claims and Rejecting Counterclaims. Arbitrator's Findings on Agency Agreement and Limitation Upheld as Not Perverse or Contrary to Law.

The petitioners, Metal Tube And Rolling Mills and others, filed a petition under Section 30 of the Arbitration Act, 1940 challenging an arbitral award...

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Supreme Court Dismisses Appeals in Arbitration Act Case Regarding Foreign Award Enforcement. Non-Signatory Parties Not Bound by Arbitration Agreement Under Alter Ego Doctrine for Enforcement Under Part II of Arbitration and Conciliation Act, 1996.

The Supreme Court of India heard civil appeals concerning the recognition and enforcement of foreign awards under Part II of the Arbitration and Conci...