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Search Results for "commercial arbitration petition"

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High Court

Bombay High Court Dismisses Application for Condonation of 3014 Days Delay in Filing Appeal — Gross Negligence and Lack of Sufficient Cause. Delay of 3014 days in filing appeal against arbitration order not condoned as applicants failed to explain each day's delay and showed gross negligence.

27 Apr 2016

The applicants, Padmsey Khimji Chheda and another, filed a Notice of Motion seeking condonation of 3014 days delay in filing Appeal (Lodging) No. 569 ...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

15 Sep 2014

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...

High Court

Bombay High Court Dismisses Amendment Application in Arbitration Challenge Due to Delay and Lack of Diligence. Petitioner Failed to Explain 17-Month Delay in Seeking to Add New Ground Under Section 34 of Arbitration and Conciliation Act, 1996.

31 Jan 2017

The Petitioner, Zee Sports Limited (now Zee Digital Convergence Ltd.), filed a Chamber Summons seeking amendment to its Arbitration Petition under Sec...

High Court

Bombay High Court Dismisses Judgment Debtor's Challenge to Execution of Arbitral Award on Ground of Non-Receipt of Signed Copy Under Section 31(5) of Arbitration and Conciliation Act, 1996. Receipt of Certified Copy by Post Satisfies Section 31(5) and Award Becomes Enforceable Under Section 36(1).

10 Apr 2023

The petitioner, Rahul S/o Omprakash Gandhi, filed four writ petitions (W.P. Nos. 6091/2022, 6092/2022, 6093/2022, and 6094/2022) challenging the execu...

High Court

Bombay High Court Allows State's Appeal Against Arbitral Order, Directs Bank Guarantee to Continue Pending Arbitration. The Court upheld the order directing the State to furnish a bank guarantee of Rs. 12,03,12,937/- pending arbitration proceedings under Section 9 of the Arbitration and Conciliation Act, 1996.

7 Sep 2018

The State of Maharashtra, through the Department of Women and Child Development, filed a commercial appeal against an order dated 15th June 2018 passe...

High Court

Bombay High Court Hears Appeal Against Ex-Parte Ad-Interim Order of Arbitral Tribunal in Commercial Arbitration Petition — Legality of Suo Motu Ex-Parte Relief Under Section 17 of Arbitration and Conciliation Act, 1996 at Issue. Appeal contended that tribunal lacks power to pass ex-parte interim order without notice under Sections 18 and 24(2) and that Indian law did not adopt UNCITRAL Model Law preliminary orders.

13 Oct 2021

The judgment arises from a commercial arbitration appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 before the Bombay High C...

High Court

Bombay High Court Dismisses Petition to Terminate Arbitrator's Mandate in Commercial Dispute — No Justifiable Doubts as to Independence or Impartiality Established. The Court held that the petitioner failed to establish any justifiable doubts regarding the arbitrator's independence or impartiality, and that the petitioner had waived its right to object by participating in the proceedings without objection.

17 Jan 2023

The petitioner, Quess Corp, filed a petition under Section 14 of the Arbitration and Conciliation Act, 1996, seeking termination of the mandate of the...

High Court

Bombay High Court Allows Appeal Against Appointment of Arbitrator Without Consent — Consent of All Parties Required for Substitution of Arbitrator Under Section 15 of Arbitration and Conciliation Act, 1996. The court set aside the order appointing a substitute arbitrator as the appellant's consent was not obtained, holding that substitution without consent is invalid under Section 15 of the Arbitration and Conciliation Act, 1996.

14 Sep 2016

The appellant, Sachin C. Shah, challenged an order dated 06/05/2015 passed by a learned Single Judge of the Bombay High Court. The dispute arose from ...

High Court

High Court of Bombay Dismisses Broker's Challenge to Arbitral Award in Client Dispute Over Delay Paying Charges. Unilateral Charging of 2% Daily Interest Without Specific Agreement or Proof of Loss Held Unconscionable and Not Enforceable Under Section 34 of Arbitration and Conciliation Act, 1996.

7 Mar 2012

The case involves a dispute between Sharekhan Limited, a trading member/broker of the Bombay Stock Exchange (BSE), and Nita Thakkar, a client. The bro...

High Court

Bombay High Court Dismisses Bank's Petition Challenging Arbitral Award in Counter Guarantee Dispute. Claim Barred by Limitation and Failure to Prove Invocation of Guarantee.

11 Mar 2015

The petitioner, Punjab and Maharashtra Co-op. Bank Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging ...

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