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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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Bombay High Court Dismisses Challenge to Arbitral Award in Loan Dispute, Upholds Financer's Claim. Court holds that existence of arbitration agreement is not a jurisdictional issue under Section 16 of Arbitration and Conciliation Act, 1996, and the award is not patently illegal.

The judgment concerns two arbitration petitions: Arbitration Petition No. 783 of 2011 filed by the borrowers (M/s. Sahyadri Earthmovers and its partne...

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Bombay High Court at Goa Dismisses Petition Challenging Execution Orders in Arbitration Award Enforcement — Upholds Attachment of Property and Rejection of Objections Under Order XXI Rule 58 CPC.

The petitioners, M/s. Trimurti Exports and its partners, were judgment debtors in an execution proceeding arising from an arbitral award. The award, d...

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Full Bench of the Bombay High Court Considers Reference on Interpretation of Clauses 96 and 97 of MCGM General Conditions of Contract. The Court Examines Whether Compliance with Clause 96 is a Precondition for Invoking Arbitration under Clause 97.

The appeal arose from an arbitration petition concerning a contractual dispute between a contractor and the Municipal Corporation of Greater Mumbai (M...

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Bombay High Court Allows Appeal Against Rejection of Section 34 Application in MSMED Act Arbitration. Court Holds That Section 34 Application Is Maintainable and Limitation Period Under Section 34(3) Applies.

The appellant, M/s. Ravindranath GE Medicate Associate Private Limited, issued a work order dated 9th January 2008 to the respondent, M/s. Clean Coats...

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Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Enquiry Officer's Report Not Furnished to Contractor Before Imposing Ban, Rendering Order Arbitrary and Unreasonable Under Article 14.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by Respondent No.2, Oil and N...