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High Court Appoints Arbitrator and Grants Interim Relief in Loan Default Case Under Arbitration and SARFAESI Acts. Applicant Secures Protection for Mortgaged Property in Dispute with Respondents

The High Court of Bombay heard two connected applications filed by Tata Capital Housing Finance Limited against Inderjeet Sahni and others. The first ...

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Bombay High Court Upholds Cooperative Court's Order Terminating Lease for Violation of Bye-laws in Cooperative Housing Society Dispute. Leasehold rights terminated due to unauthorized construction and sub-letting without society's consent; purchasers' rights held subject to society's bye-laws.

The dispute pertains to leasehold rights over a plot in Vithalnagar Co-operative Housing Society Ltd. The society granted a lease of the plot to membe...

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High Court of Bombay Dismisses Section 34 Petition Challenging Arbitral Award in Favor of Government of Israel in Commercial Lease Dispute. Arbitrator's Rejection of Set-Off and Counter-Claim as Time-Barred Upheld as Not Patently Illegal.

The petitioner, Earnest Business Services Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging...

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Supreme Court Dismisses Appeal in Arbitration Appointment Case — No Interference Under Article 136. Court Clarifies Scope of Section 11(6A) of Arbitration and Conciliation Act, 1996 Prior to Its Omission by 2019 Amendment.

The Supreme Court dismissed a civil appeal arising from a Special Leave Petition against a High Court decision refusing to appoint an arbitrator under...

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Bombay High Court Dismisses Section 9 Petition by Debenture Trustee Seeking Deposit and Injunction — No Prima Facie Case for Interim Relief as Trustee Failed to Establish Breach of Trust or Impairment of Security Under Trust Deed and Information Memorandum.

The petitioner, IDBI Trusteeship Services Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim rel...

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

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Bombay High Court Allows Appointment of Arbitrator in Construction Dispute Due to Respondent's Failure to Appoint Arbitrator. Failure to Respond to Notice Invoking Arbitration Constitutes Refusal to Appoint Under Section 11(6) of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Khurana Constructions, entered into an agreement with the respondent, IOT Infrastructure and Energy Services Ltd., on 28 February...