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Supreme Court Dismisses Appeal of Union of India in Arbitration Dispute — Claim for Excess Timber Supply Held to Be Within Scope of Arbitration Clause. Recourse to Contract Necessary to Determine Claim, Confirming Arbitral Jurisdiction Under Arbitration Act, 1940.

The appeal arose from a contract between the Union of India and Salween Timber Construction (India) for the supply of teak logs. A dispute emerged whe...

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Bombay High Court Dismisses Section 34 Challenge Against Arbitral Order Granting Opportunity to Cure Resolution Irregularity. Order held not an interim award under Section 2(1)(c) of Arbitration and Conciliation Act, 1996 as it does not finally determine any issue.

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the Petitioners (RA Group) challenging an...

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Supreme Court Refers Key Questions on MSMED Act to Larger Bench. Balancing statutory remedies with writ jurisdiction: Supreme Court deliberates over MSMED Act provisions and alternative remedies.

The Supreme Court of India examines whether a writ petition under Article 226 of the Constitution is maintainable against an order passed by the Micro...

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Bombay High Court Dismisses Petition to Terminate Arbitrator's Mandate for Alleged Undue Delay in Arbitration Proceedings. Section 14(2) of Arbitration and Conciliation Act, 1996 requires de jure inability to act, not mere delay, for termination of mandate.

The petitioners, Ramavtar B. Jajodia and Santosh Ramavtar Jajodia, filed a petition under Section 14(2) of the Arbitration and Conciliation Act, 1996,...

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Bombay High Court Allows Petitioner's Petition for Extension of Bank Guarantee Pending Challenge to Arbitral Award — Section 9 of Arbitration and Conciliation Act, 1996. Post-award interim protection can be granted under Section 9 to preserve the subject matter of arbitration pending challenge to award.

The petitioner, Oil and Natural Gas Corporation Limited (ONGC), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seekin...

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Bombay High Court Dismisses Contractor/Developer's Challenge to Majority Arbitral Award in Construction Dispute. Court upholds award of Rs.7,35,000, Rs.10,80,000, interest, and costs under Section 34 of the Arbitration and Conciliation Act, 1996, finding no patent illegality or conflict with public policy.

The petitioner, M/s. Raviuday Construction Co., a partnership firm, challenged a majority arbitral award dated 15 May 2012 passed by a three-member ar...

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Bombay High Court Allows Appeal Against Rejection of Section 34 Petition by City Civil Court, Holding City Civil Court is Not a 'Court' Under Section 2(1)(e) of Arbitration Act. The Court set aside the order and remanded the matter for fresh consideration by the proper court.

The appellant, a share broker, purchased 100 shares of Odyssey Technology Limited on behalf of a client. The shares were sent for registration but onl...

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High Court of Karnataka Allows Substitution of Arbitrator in CPWD Contract Dispute, Holding Retired Departmental Officers Ineligible Under Amended Arbitration Act. Court Appoints Former Judge as Sole Arbitrator to Resolve Multiple Contractual Disputes Arising from Six Construction Agreements.

The dispute arose from six separate construction contracts awarded by the Central Public Works Department (CPWD) to M/s Sri Krishna Shelters Pvt. Ltd....