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Bombay High Court Dismisses Appeal Against Rejection of Section 9 Application for Unregistered Partnership Firm. Section 69(3) of the Partnership Act, 1932 Bars Interim Relief Under Arbitration and Conciliation Act, 1996 for Unregistered Firm.

The appellant, Masood Mohmmed Husain, filed an appeal against the rejection of his application under Section 9 of the Arbitration and Conciliation Act...

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Bombay High Court Allows Appointment of Arbitral Tribunal in EPC Contract Dispute — Respondent Failed to Respond to Invocation of Arbitration Clause. Court Appoints Sole Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 as Respondent Did Not Object to Appointment Despite Notice.

The applicant, Vedanta Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitra...

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Bombay High Court Allows Revision Application of Co-defendant in Suit for Declaration and Injunction — Deletion of Party Ordered Under Order 1 Rule 10 CPC. Co-defendant Against Whom No Relief Claimed is Not a Necessary Party.

The case involves two civil revision applications arising from a suit filed by Vidharbha Enterprises (plaintiff) against the Union of India and BSNL (...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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Bombay High Court Allows Appointment of Sole Arbitrator in Bank Dispute Over Loan Facility Breach. Arbitration Clause in Hypothecation Agreement Invoked Despite Respondent's Objections Regarding Limitation and Non-Arbitrability.

The applicant, Mantras Green Resources Ltd., a company incorporated under the Companies Act, 1956, engaged in environmental conservation, availed a lo...

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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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Bombay High Court Allows Arbitration Petition Under Section 14, Setting Aside Arbitrator's Order Dismissing Substitution Application. Arbitrator's Termination of Proceedings on Grounds of Delay Held Perverse, Amounting to Refusal to Perform Functions and Not an Interim Award Under Section 34.

The dispute arose from a partnership firm where the original claimant, father of the petitioners, had initiated arbitration proceedings in 2004. After...

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Bombay High Court Dismisses Appeal Against Rejection of Time-Barred Counterclaim in Arbitration. Limitation for Counterclaim Runs from Date of Termination of Contract, Not from Subsequent Correspondence.

The appeal arose from an order dated 1 October 2012 passed by a learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996, d...