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Search Results for "Arbitration petition"

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High Court

Bombay High Court Allows Interim Relief Under Section 9 of Arbitration Act in Commodity Exchange Dispute — Petitioner Granted Access to Warehouse for Inspection and Sampling of Steel Coils. Court held that preservation of subject matter is essential to prevent irreparable loss and that balance of convenience favored the petitioner.

9 Mar 2012

The petitioner, National Commodity and Derivative Exchange Ltd. (NCDEX), a multi-commodity exchange providing an online platform for trading futures c...

High Court

Gujarat High Court Dismisses Appeal Under Section 37 of Arbitration Act for Delay in Filing Section 34 Application — Limitation Period for Challenging Arbitral Award Cannot Be Extended Beyond Statutory Cap. The court held that the appellant's application under Section 34 of the Arbitration and Conciliation Act, 1996 was barred by limitation as it was filed over four years after the award, far beyond the three-month period plus thirty-day extension allowed under Section 34(3).

19 Feb 2026

The appellant, Darshana Bhupendra Parekh, filed a First Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the dismissal of...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

High Court

Bombay High Court Quashes MSMED Council Award for Violating Section 80 of Arbitration Act — Council Cannot Arbitrate After Failed Conciliation. The dual role of conciliator and arbitrator by the same Council is prohibited under Section 80 of the Arbitration and Conciliation Act, 1996, rendering the award invalid.

9 Feb 2023

The petitioner, Bhagwat Enterprises, challenged an order dated 11/01/2022 passed by the Micro and Small Enterprises Facilitation Council (respondent N...

High Court

High Court of Karnataka Disposes Four Civil Miscellaneous Petitions Filed Under Sections 11(6) and 12 of the Arbitration and Conciliation Act, 1996 Seeking Appointment of Substitute Arbitrator. Petitioners Contended That Arbitrators Appointed by CPWD Were Ineligible Under Section 12(5) for Want of Mandatory Consent.

19 Sep 2019

The petitioners, M/s. Sri Krishna Shelters Pvt. Ltd., were awarded six construction contracts by the Central Public Works Department (CPWD) for works ...

High Court

High Court of Karnataka Examines Ineligibility of Retired CPWD Officers as Arbitrators under Section 12(5) of Arbitration Act. Appointment of Retired Additional Director General of CPWD as Arbitrator Without Contractor's Consent Violates Seventh Schedule and Mandates Express Agreement Post-Dispute.

19 Sep 2019

The petitioner, a construction company, entered into six separate agreements with the Central Public Works Department (CPWD) for various construction ...

High Court

High Court of Karnataka Sets Aside Order Relegating Plaintiff to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Non-Signatory to Arbitration Agreement Cannot Invoke Section 8 Against Willing Party. Amendment to Section 8 in 2016 is Procedural and Retrospective, But Does Not Confer Right on a Non-Party to Compel Arbitration.

17 Mar 2021

The petitioner, Smt. Sushma Swaraj, filed a suit for specific performance (O.S. No. 458/2014) against M/s Blue Valley Properties Pvt. Ltd. (1st defend...

High Court

High Court of Karnataka Allows Revision Petition in Execution Case — Order Dismissing Section 47 Application Set Aside. Execution Court's Failure to Consider Objections Regarding Arbitral Award's Enforceability Constitutes Jurisdictional Error Under Section 115 CPC.

22 Mar 2024

The present Civil Revision Petition was filed under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 19.03.2022 passed by...

High Court

Bombay High Court Allows Section 11 Application to Appoint Arbitrator in Insurance Dispute — Insurer's Failure to Appoint Arbitrator Leads to Court Intervention. The court held that the respondent's failure to appoint its arbitrator under the arbitration clause in the terrorism insurance policy entitled the applicant to seek appointment by the court under Section 11 of the Arbitration and Conciliation Act, 1996.

8 May 2013

The applicant, Essar Steel India Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

High Court

High Court of Karnataka Allows Appeal in Commercial Arbitration Dispute Over Supply of Gloves — Restores Arbitral Award with 18% Interest. The Commercial Court's interference with the arbitral award on interest rate and remand for quantification was beyond the scope of Section 34 of the Arbitration and Conciliation Act, 1996.

5 Oct 2023

The appeal arises from a commercial dispute between M/s Ethix Alloy (appellant) and HLL Lifecare Limited (respondent) concerning a contract for the su...

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