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Search Results for "Arbitration petition"

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High Court

Bombay High Court Allows Section 11 Application to Appoint Arbitrator in BPCL Contract Dispute — Unilateral Appointment Clause Invalid Under Section 12(5) of Arbitration Act. The court held that an arbitration clause giving one party the sole right to appoint an arbitrator is invalid under Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996, and appointed an independent arbitrator.

26 May 2017

The applicant, DBM Geotechnics & Constructions Pvt Ltd (DBM), filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, see...

High Court

Bombay High Court Partly Allows Arbitration Petitions Challenging Award on Family Settlement MOU — Upholds Arbitrator's Findings on Interpretation of MOU Clauses but Sets Aside Award on Certain Claims as Beyond Scope of Reference.

6 May 2015

The judgment arises from two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a sole arbitrator's awa...

High Court

Bombay High Court Dismisses Applicant in Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Party Cannot Enforce Arbitration Clause in Agreement Whose Existence It Denies. The court held that a party cannot enforce an arbitration clause in an agreement whose existence it denies, as the arbitration clause is part of the agreement and cannot be severed for enforcement when the agreement itself is repudiated.

6 Aug 2010

The applicant, Rajesh V. Choudhary, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arb...

High Court

Bombay High Court Dismisses Section 9 Arbitration Petition for Lack of Party Identity. Relief sought against non-signatories to arbitration agreement held impermissible under Sukanya Holdings principle.

2 Jul 2014

The case involves an Arbitration Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 by Rakesh S. Kathotia and another (Petit...

High Court

Bombay High Court Examines Arbitral Award on Interest under Delayed Payments Act for Small Scale Industries. Challenge to Award Directing Payment of Statutory Interest for Delayed Settlement of Bills Under Section 4 of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993.

3 May 2013

The petitioner, Maharashtra Small Scale Industries Development Corporation, filed an arbitration petition under Section 34 of the Arbitration and Conc...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Warehousing Agreement Dispute — Licensee Not Entitled to Specific Performance or Injunction. Court upholds Arbitrator's finding that the agreement was a license, not a lease, and that claims for specific performance and injunction were barred under Sections 14 and 41(e) of the Specific Relief Act, 1963.

9 Apr 2013

The Petitioner, M/s. Thakker Warehousing Agency, a partnership firm, entered into a warehousing agreement with the Respondent, Maharashtra Small Scale...

High Court

Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

13 Jan 2026

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

Supreme Court

Supreme Court Dismisses Appeal Against Arbitral Award, Holds Legal Representatives Must Challenge Under Section 34 of Arbitration Act. The Court affirmed that the Arbitration Act is a complete code and legal heirs cannot bypass Section 34 by filing a revision under Article 227.

20 Apr 2026

The present appeal arose from a dispute over a Deed of Agreement for Sale dated 20.04.2007 between Mr. Appu John and Respondent No. 1. After Mr. Appu ...

High Court

High Court of Karnataka Quashes Arbitration Proceedings in Chit Fund Dispute for Lack of Jurisdiction. Arbitration Clause in Chit Fund Agreement Not Binding as Chit Fund Act Overrides Arbitration and Conciliation Act.

18 Mar 2025

The petitioner, Sri H.B. Shivakumar, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash arbitration procee...

High Court

Bombay High Court Allows Petition Challenging Section 9 Jurisdiction in International Commercial Arbitration — Implied Party Finding Set Aside. Part I of Arbitration and Conciliation Act, 1996 applies to pre-BALCO agreements, but non-signatory cannot be treated as implied party without express consent.

11 Jan 2013

The petitioners, GL Asia Mauritius II Cayman Limited and others, filed a writ petition challenging an order dated 21/08/2010 passed by the District Ju...

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