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Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

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WRIT PETITION NO.19366 OF 2024

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Bombay High Court Allows Appointment of Arbitrator in Transport Agreement Dispute Despite Alleged Settlement. Arbitration clause survives termination of contract and disputes regarding compensation are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicant, United Shippers Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

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Bombay High Court Allows Appeal Against Dismissal of Section 9 Application Under Arbitration Act — Partnership Agreement Contains Valid Arbitration Clause. Clause 14 of Partnership Agreement Constitutes Valid Arbitration Agreement Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, Shri Rama Krishna Kankonkar, filed an appeal under the Arbitration and Conciliation Act, 1996 against an order dated 01.10.2009 passed ...

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Bombay High Court Upholds DRAT Order Allowing One Time Settlement in Debt Recovery Case — Interest Must Be Calculated as Per OTS Terms. The court held that the DRT erred in not giving effect to the OTS and in calculating interest beyond the OTS terms, and the DRAT correctly set aside the DRT order.

The petitioners, Small Industries Development Bank of India (SIDBI) and India SME Asset Reconstruction Company Ltd., challenged an order dated 26th Ma...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers Over Common Way and Drainage. Consent Deed Interpretation Upheld; Underground Drainage Held Likely to Cause Nuisance.

The dispute in this second appeal arose between three brothers, Satyanarayan (appellant), Shankarrao, and Tryambak (respondents), over ancestral prope...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...