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Search Results for "provisional award"

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High Court

Bombay High Court Dismisses Petition to Restrain Encashment of Bank Guarantees in Arbitration Dispute — No Case of Fraud or Irreparable Injury Established. Court held that bank guarantees are independent contracts and injunction can only be granted in exceptional circumstances of fraud or special equity, which were not made out.

11 Jan 2018

The petitioner, Felguera Gruas India Pvt. Ltd. (FGIPL), filed six arbitration petitions under Section 9 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Dismisses Section 9 Petition for Injunction in Arbitration Dispute Over Development Agreement. Court holds that disputes regarding termination of a development agreement are arbitrable and that interim relief under Section 9 cannot be granted when the agreement itself provides for termination and the petitioner has an adequate remedy under the arbitration clause.

2 May 2017

The petitioner, B.E. Billimoria & Company Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking an injunctio...

High Court

Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award in Price Escalation Dispute. Interpretation of price escalation clause by arbitral tribunal found patently illegal as it ignored the contractual formula, leading to setting aside of award under Section 34 of Arbitration and Conciliation Act, 1996.

3 Aug 2022

The case involves a challenge under Section 37 of the Arbitration and Conciliation Act, 1996 against a judgment dated 31st March 2017 passed by a lear...

High Court

High Court of Karnataka Allows EPFO Appeal Against HMT Limited in Provident Fund Dues Recovery Case — Establishes That Public Sector Undertakings Are Not Exempt from EPF Act Coverage and Recovery Proceedings. The Court Held That the EPF Act Applies to All Establishments Covered Under Section 1(3) and That the Respondent's Financial Difficulties Do Not Bar Recovery of Statutory Dues.

27 Jun 2023

The case involves an appeal filed by the Regional Provident Fund Commissioner and the Recovery Officer of the Employees' Provident Fund Organization (...

High Court

Bombay High Court Allows Appointment of Arbitrator in Infrastructure Facility Agreement Dispute — Disputes Referable to Arbitration Despite Allegations of Repudiation. The court held that issues of repudiation and limitation are for the arbitral tribunal to decide under Section 11 of the Arbitration and Conciliation Act, 1996.

6 Jun 2022

The applicant, Priya Malay Sheth, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbit...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

High Court

Bombay High Court Upholds Arbitral Award in Price Escalation Dispute Under FIDIC Contracts — Formula Interpretation Not Permissible When Language Is Clear. Court holds that a price escalation formula in a contract, being a mathematical expression, cannot be interpreted or varied by an arbitrator if its terms are unambiguous.

31 Mar 2017

The judgment concerns two arbitration petitions arising from contracts between the Municipal Corporation of Greater Mumbai and two contractors, M/s. A...

High Court

High Court of Bombay Directs Re-adjudication of 21 Employees' Claims; Dispute on Interest and Bonus Under Winding-Up Not Resolved in Extracted Judgment Text. The court granted partial relief by allowing prayer (b) for re-adjudication of claims of 21 workmen due to discrepancies, while the final decision on prayer (a) concerning statutory interest, bonus, and provident fund contribution under the Companies Act, 1956 is not discernible from the incomplete text.

4 Aug 2006

The case concerns a company application filed by the Engineering Workers Association, representing 121 employees of M/s. Poysha Industrial Co. Ltd., w...

High Court

Bombay High Court Allows Appeal Against Rejection of Section 9 Application and Appoints Arbitrator in Iron Ore Sale Dispute. The court held that the Section 9 application was within limitation and appointed a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

17 Aug 2012

The appellant, M/s Shree Mallikarjun Shipping Pvt. Ltd., entered into a contract dated 25.2.2008 with the respondent, M/s Balaji Logistics Carriers, f...

Supreme Court

Supreme Court Allows National Medical Commission's Appeal Against High Court Order Directing Provisional Registration of Foreign Medical Graduate Without CRRI. The court held that provisional registration under Section 13(4A) of the Indian Medical Council Act, 1956 is only for undergoing Compulsory Rotatory Residential Internship, not for those who have already completed their degree.

1 Jan 2022

The Supreme Court allowed the appeals filed by the National Medical Commission against the orders of the Madras High Court. The High Court had directe...

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