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Bombay High Court Dismisses Section 9 Petition for Lack of Jurisdiction in Commercial Arbitration Dispute. Exclusive jurisdiction clause in agreement conferred jurisdiction on Hyderabad courts, not Bombay High Court.

The petitioner, Aniket SA Investments LLC, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures pe...

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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award on Liquidated Damages. Court Holds That Arbitrator's Findings on Delay and Deduction of Liquidated Damages Were Plausible and Not Perverse, Setting Aside Single Judge's Order Under Section 34.

The case arises from a construction contract between Raheja Universal Pvt. Limited (appellant) and B.E. Billimoria & Co. Limited (respondent) for a pr...

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WRIT PETITION NO. 4810 OF 2012

The case involves a group of writ petitions filed by former employees of National Organic Chemicals Ltd. (NOCIL) against Relene Petrochemicals Ltd. (n...

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Supreme Court Refers Group of Companies Doctrine to Larger Bench in Arbitration Dispute Over Software Agreement. Questions validity of applying the doctrine to bind non-signatory parent company to arbitration under Sections 8, 11, 35, and 45 of the Arbitration & Conciliation Act, 1996.

The petitioner, Cox & Kings Ltd., filed a petition under Section 11(6) read with Section 11(12)(a) of the Arbitration & Conciliation Act, 1996, seekin...

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Bombay High Court Considers Writ Petition Challenging Estate Officer’s Jurisdiction Under PP Act Against SARFAESI Possession. Asset Reconstruction Company Asserts SARFAESI Act Overrides PP Act, Requiring Landlord to Approach Debt Recovery Tribunal.

The writ petitioner, an Asset Reconstruction Company incorporated under the Companies Act, 1956 and registered under the SARFAESI Act, challenged the ...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Construction Contract Dispute. Arbitration Clause in Works Contracts Held Valid and Disputes Referable to Arbitration.

The applicant, Gold Prism Realty Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment o...