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Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

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Supreme Court Dismisses Railways' Appeals Against Appointment of Independent Arbitrator in Contract Disputes. Failure to Appoint Arbitrator Within 60 Days Forfeits Railways' Right Under Clause 64 of GCC.

The Supreme Court dismissed two appeals filed by the Union of India (Railways) against the judgments of the Delhi High Court appointing independent ar...

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Supreme Court Allows Contractor's Appeal in ONGC Arbitration Dispute. Levy of Liquidated Damages Under Clause 2 of Contract Held Arbitrable, Not an Excepted Matter.

The Supreme Court of India heard two civil appeals arising from a judgment of the Delhi High Court Division Bench, which had set aside an arbitral awa...

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Supreme Court Dismisses Appeal Against Arbitral Award Upholding Forfeiture of Security Deposit and Detention of Equipment in Contract Dispute. Termination of Contract for Poor Performance and Failure to Transport Export Container Held Justified Under Arbitration and Conciliation Act, 1996.

The appeal arose from a dispute between M/s Vijay Trading and Transport Company (appellant) and Central Warehousing Corporation (respondent) concernin...

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Supreme Court Allows Appeal in Arbitration Dispute Over CENVAT Credit Counter Claim — Arbitrator's Jurisdiction Limited to Disputes Arising from Contract Terms. Counter Claim for CENVAT Invoices Held Beyond Scope of Arbitration Agreement as No Demand Raised During Contract Period.

The dispute arose between Bharat Petroleum Corporation Limited (BPCL) and Go Airlines (India) Limited under an Aviation Fuel Supply Agreement dated 01...

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Supreme Court Dismisses Appeal Against High Court's Finding of Waiver of Right to Object to Time Extension in Arbitration Proceedings. Held that Participation in Proceedings Without Insisting on Time Limit Constitutes Waiver of Right to Object to Extension of Time.

The appeal arises from a dispute between partners of a partnership firm (appellants) and a company (respondent) regarding an arbitration agreement dat...

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Supreme Court Allows MTNL's Appeal Against Arbitration Order in Bond Dispute with Canara Bank. The Court held that arbitration proceedings cannot continue without a written arbitration agreement and without the consent of all necessary parties, specifically CANFINA.

The case involves a dispute between Mahanagar Telephone Nigam Ltd. (MTNL) and Canara Bank regarding bonds issued by MTNL. In 1992, MTNL floated bonds ...

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Supreme Court Allows Appeal in Arbitration Case Due to Arbitrator's Failure to Disclose Conflict of Interest. Arbitrator's prior role as counsel for a party in another case raised justifiable doubts about impartiality under Section 12 of the Arbitration and Conciliation Act, 1996.

The case arises from a dispute between Vinod Bhaiyalal Jain and others (appellants) and Wadhwani Parmeshwari Cold Storage Pvt. Ltd. (respondent) regar...