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Search Results for "section 34"

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High Court

Bombay High Court Dismisses Appeal in Arbitration Matter for Lack of Maintainability — Orders Under Section 34 Not Setting Aside or Refusing to Set Aside Award Are Not Appealable Under Section 37 of the Arbitration and Conciliation Act, 1996.

4 May 2016

The case involves an appeal filed by Home Care Retail Marts Private Limited under Section 37 of the Arbitration and Conciliation Act, 1996, challengin...

High Court

Bombay High Court Dismisses Condonation of Delay in Filing Section 34 Petition as Limitation Period Under Section 34(3) of Arbitration Act is Not Extendable Beyond 30 Days. Delay of 31 days beyond the prescribed period of three months cannot be condoned as the proviso allows only a further 30 days and no more.

29 Apr 2016

The applicant, Jolly Brothers Pvt. Ltd., filed a Notice of Motion seeking condonation of delay of 31 days in filing a petition under Section 34 of the...

High Court

Bombay High Court Allows Appeal Against Arbitral Award in Construction Dispute — Award Set Aside for Violation of Natural Justice and Non-Consideration of Evidence. The court held that denial of cross-examination and failure to consider electronic evidence under Section 65B of the Evidence Act, 1872, renders an arbitral award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

29 Apr 2016

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an arbitral award passed by a sole arbitrator. The...

High Court

Bombay High Court Sets Aside Arbitral Award in ONGC Blacklisting Dispute — Arbitrator Exceeded Scope of Reference. Award Directing Withdrawal of Blacklisting Letter and Restoration of Business Credibility Held Contrary to Public Policy Under Section 34 of Arbitration and Conciliation Act, 1996.

28 Apr 2016

The petitioner, Oil & Natural Gas Corporation Limited (ONGC), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challen...

High Court

Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act — Upholds Broker's Right to Square Off Client Positions Without T+1 Notice Under Member Client Agreement. The court held that the arbitral award was not perverse or contrary to public policy as the broker acted in accordance with the contract terms.

26 Apr 2016

The appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996, by Bonanza Commodities Brokers Pvt. Ltd. (the appellant/broker) a...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Loan Dispute — Petitioner's Challenge Under Section 34 of Arbitration and Conciliation Act, 1996 Rejected. Court Held That Arbitrator's Findings on Default and Foreclosure Were Not Patently Illegal or Against Public Policy.

20 Apr 2016

The petitioner, M/s. Sea Eagle Dredging Marine Infrastructure Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation A...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award for Breach of Cotton Supply Contract. Court Holds That District Court Exceeded Its Jurisdiction Under Section 34 by Reappreciating Evidence and Interfering with Arbitrator's Findings on Factual Issues.

20 Apr 2016

The appellant, M/s. Gill & Company Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment...

High Court

Bombay High Court Partially Allows ICICI Bank's Petition Under Section 34 of Arbitration Act, Setting Aside Arbitral Award on Claims for Loss of Profit and Interest on Mobilization Advance. The court held that the arbitrator cannot award interest on an interest-free mobilization advance and cannot award loss of profit without evidence of actual loss.

30 Mar 2016

The petitioner, ICICI Bank Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dat...

High Court

Bombay High Court Allows Appeal Against Single Judge's Order Directing Appellate Arbitral Tribunal to Decide Delay Condonation Application in NSE Arbitration Matter. The Division Bench held that the Single Judge exceeded jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996, as the Appellate Tribunal's dismissal of the appeal as time-barred was a decision on merits and not patently illegal.

14 Mar 2016

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against a judgment of a learned Single Judge of the Bombay...

High Court

Bombay High Court Dismisses Appeal Against Ex-Parte Arbitral Award in Refund Dispute — Deliberate Non-Participation by Respondent Justifies Ex-Parte Proceedings. Section 34 Petition Rejected as Award Was Reasoned and Based on Uncontroverted Evidence Under Arbitration and Conciliation Act, 1996.

2 Mar 2016

The appeal arose from an order dated 31 January 2014 passed by a learned Single Judge of the Bombay High Court dismissing Arbitration Petition No.841 ...

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