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High Court of Bombay Dismisses Broker's Challenge to Arbitral Award in Client Dispute Over Delay Paying Charges. Unilateral Charging of 2% Daily Interest Without Specific Agreement or Proof of Loss Held Unconscionable and Not Enforceable Under Section 34 of Arbitration and Conciliation Act, 1996.

The case involves a dispute between Sharekhan Limited, a trading member/broker of the Bombay Stock Exchange (BSE), and Nita Thakkar, a client. The bro...

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SPECIAL CASE NO. 3 OF 2001

The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, presided over by Justice Roshan Dalvi, heard Special Case No. ...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Broker-Client Dispute. Court Upholds Award Directing Payment of Rs.1,58,39,459.87 but Refuses Interest and Costs Under Section 34 of Arbitration & Conciliation Act, 1996.

The appellant, Harinarayan Bajaj, entered into various share transactions on the Bombay Stock Exchange (BSE) through the respondent, Madhukar Sheth, w...

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Bombay High Court Dismisses Widow's Claim Over Shares in Favor of Nominee Under Section 109A Companies Act — Nomination Confers Beneficial Ownership on Nominee to the Exclusion of Legal Heirs

The plaintiff, Harsha Nitin Kokate, married Nitin Kokate on 3 December 2004. Her husband expired on 5 July 2007. Nitin Kokate held shares in a demat a...

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Bombay High Court Allows Revision Application of Lessor in Rent Control Exclusion Case. Company That Lost Rent Control Protection Due to High Paid-Up Share Capital Cannot Regain It by Subsequent Reduction.

The case involves a dispute between M/s. Depe Global Shipping Agencies Pvt. Ltd. (Plaintiff/Lessor) and M/s. Mather and Platt (India) Ltd. (Defendant/...

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Bombay High Court Dismisses Winding Up Petition Against Listed Company in Reverse Factoring Dispute. Debt disputed in bona fide manner and company is solvent, hence winding up not justified under Sections 433(e) and (f) of Companies Act, 1956.

The petitioner, SBI Global Factors Ltd., a financial institution, filed a winding up petition under Sections 433(e) and (f) read with Sections 434(1)(...

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Bombay High Court Sets Aside Arbitral Award in Stock Broker Dispute for Lack of Reasons and Non-Consideration of Margin Requirements. Award under Section 34 of Arbitration and Conciliation Act, 1996 set aside as Arbitrator failed to consider deposit and margin obligations of client.

The Petitioner, Anand Rathi Share and Stock Brokers Ltd., a share and stock broker and member of NSE, challenged an arbitral award dated 15 October 20...