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High Court

Bombay High Court Dismisses Challenge to Arbitral Award in MSME Contract Dispute with Railways — Waiver of Section 12(5) Ineligibility Upheld. Petitioner's claim for additional wages dismissed as arbitrator's findings on facts and law were not patently illegal or against public policy.

11 Nov 2024

The petitioner, M/s. Truly Pest Solution Private Limited, a Micro, Small and Medium Enterprise (MSME), was awarded a contract by the Central Railway f...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Shareholder Dispute Over Hotel Company Exit — Holds That Arbitrator Exceeded Jurisdiction by Granting Relief Beyond Scope of Reference and Without Proper Valuation.

12 Jul 2024

The judgment pertains to two Commercial Arbitration Petitions arising from an arbitral award dated 5th April 2016. The petitioners (Panchamias Group a...

Supreme Court

Supreme Court Dismisses Petition for Appointment of Arbitrator in Franchise Dispute Due to Ex-Facie Time-Barred Claims. Limitation Act, 1963 applies to Section 11(6) applications under the Arbitration and Conciliation Act, 1996, and the court may refuse reference where claims are hopelessly barred by limitation.

1 Mar 2024

The petitioner, M/s Arif Azim Co. Ltd., a company based in Afghanistan, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, ...

High Court

Bombay High Court Allows Substitution of Assignee in Pending Arbitral Proceedings Under Section 15 of Arbitration Act. Assignment of debt includes right to continue arbitration; unilateral appointment of arbitrator by original lender does not invalidate substitution.

19 Jan 2024

The applicant, Integro Finserv Private Limited, an NBFC, filed three applications under Section 14 read with Section 11 read with Section 15 of the Ar...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award Under Section 34 of Arbitration Act — Upholds Arbitrator's Appointment as Valid Under Pre-Amended Section 11(6) of the Act. The court held that the petitioner waived objection to unilateral appointment by participating in arbitration without protest.

11 Sep 2019

The petitioner, Mangalam Chaudhary Company, a sole proprietary concern, was awarded a subcontract by the respondent, Hindustan Construction Company Lt...

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 Partially Allows Challenge to Arbitral Award in Franchise Dispute — Upholds Award on Refund of Security Deposit and Interest but Sets Aside Award on Loss of Profit and Other Claims. Court holds that arbitrator's findings on breach of contract and damages were perverse and contrary to terms of franchise agreement.

14 Jul 2015

The petitioner, Kuoni Travels (India) Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbit...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Leave and License Dispute — Petitioner's Breach of Agreement Upheld. Arbitrator's Award of Rs. 90 Lakhs Damages with Interest Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

1 Jul 2013

The petitioner, Ropa Plastics Private Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral a...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Cooperative Bank Dispute — Upholds Tribunal's Finding That Petitioner Was Not Entitled to Be Heard Before Enquiry Report Was Tabled. The court held that the principles of natural justice were not violated as the petitioner was given an opportunity to respond after the report was placed before the Board.

5 Feb 2013

The petitioner, Nazim H. Kazi, was a member of the respondent, Kokan Mercantile Cooperative Bank Ltd., since 1986 and served as its Chairman from 25th...

High Court

High Court of Bombay Sets Aside Exparte Arbitral Award for Violation of Natural Justice and Lack of Proper Notice. Appointment of Arbitrator by Respondent Without Petitioner's Consent and Conduct of Proceedings Without Notice to Petitioner Renders Award Liable to Be Set Aside Under Section 34 of the Arbitration and Conciliation Act, 1996.

7 Jan 2013

The petitioner, M/s. Zenith Fire Services (India) Private Limited, challenged an exparte arbitral award dated 31 October 2011 passed by a sole arbitra...

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