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High Court of Bombay at Goa Dismisses Appeal Against Arbitral Award in Construction Contract Dispute. Court holds that arbitrators are not bound to give reasons for each item of claim and that the award is not liable to be set aside for non-speaking nature under the Arbitration Act, 1940.

The appellant, Board of Trustees of Port of Mormugao, a body corporate under the Major Port Trusts Act, 1963, entered into a contract dated 12/10/1985...

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Bombay High Court Sets Aside Arbitral Award for Violation of Natural Justice — Denial of Personal Hearing and Non-Joinder of Necessary Party. Section 34 of Arbitration and Conciliation Act, 1996 invoked to challenge award passed without hearing the borrower and without impleading the sister concern.

The petitioner, Rajesh Tiwari, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dated 29 ...

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High Court of Karnataka Quashes FIR in Criminal Petition Under Section 482 CrPC — Allegations of Mischief, Criminal Intimidation, and Cheatment Found to Be Civil Dispute. Court Held That Where Dispute Is Purely Civil in Nature, Criminal Proceedings Cannot Be Sustained and Are an Abuse of Process of Law.

The petitioners, Mrs. G. Chitra Poornima and Mr. Jagadish, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) ...

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Bombay High Court Quashes MSEFC Award for Lack of Jurisdiction Over Buyer Outside Maharashtra. Territorial Jurisdiction of Facilitation Council Under Section 18 of MSMED Act, 2006 Cannot Extend to Buyers Located Outside Its Territorial Limits.

The petitioner, Gujarat State Petronet Ltd., a company incorporated under the Companies Act, 1956 with its registered office in Gandhinagar, Gujarat, ...

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Supreme Court Holds Contemnors Guilty for Breach of Undertakings in Enforcement of Foreign Arbitral Award. Repeated assurances to court regarding protection of assets were violated by transferring shares, constituting civil contempt under Article 129 of the Constitution.

The case arises from a dispute between Daiichi Sankyo Company Limited (the petitioner) and the respondents in Special Leave Petition (Civil) No.20417 ...

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Supreme Court Dismisses Appeal by Central Warehousing Corporation Against Appointment of Arbitrator — Public Premises Act Does Not Override Arbitration Act. Disputes Over Unilateral Rate Revision and Lease Renewal Are Arbitrable Under Clause 16 of the Lease Agreement.

The Supreme Court dismissed an appeal by the Central Warehousing Corporation (CWC) against a High Court order appointing an arbitrator to resolve disp...

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Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Single Judge's Order Partially Setting Aside Arbitral Award. The Court affirmed reduction of interest rate from 18% to 12% per annum and setting aside of claim nos. (d) and (g) and interest on security deposit.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Indian Oil Corporation Ltd. (IOCL) against a judg...