Search Results for "Counter claim"

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High Court of Karnataka Sets Aside Execution Orders in Arbitration Award Enforcement — Petitioner Granted Opportunity to File Objections. Court holds that execution court must consider objections under Section 47 CPC before ordering sale of judgment debtor's property.

The petitioner, Sri Ashish K. Philip, was the judgment debtor in execution proceedings arising out of an arbitration award in favor of the respondent,...

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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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High Court of Bombay Sets Aside Arbitral Award for Perversity and Lack of Counterclaim in Contract Dispute. Arbitrator Cannot Award Money in Favour of Non-Appearing Party Without Counterclaim Under Section 34 of Arbitration and Conciliation Act, 1996.

The Union of India filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award passed by a sole arb...

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Bombay High Court Sets Aside Arbitral Award Dismissing Claims Under Section 25 of Arbitration Act for Lack of Notice. Arbitrator's Termination of Mandate Without Opportunity to Show Cause Held Patently Illegal and Against Public Policy.

The petitioner, Vishal Engineering Works, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an ...

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High Court of Bombay at Goa Allows Amendment of Written Statement to Include Set-Off Plea in Civil Suit — No Prejudice to Plaintiff as Issues Not Yet Framed. Amendment Sought After 7 Years of Filing Written Statement Held Permissible Under Order VI Rule 17 CPC as Trial Had Not Commenced.

The petitioner, M/s. Reliance Enterprises, filed a writ petition challenging an order dated 30.11.2013 passed by the Civil Judge, Senior Division, Mar...

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Bombay High Court Dismisses Plaintiff's Interim Injunction Application in Trademark Infringement Suit Over Descriptive Mark 'OCTRIDE'. Court holds that the mark is descriptive of the active ingredient Octreotide and lacks distinctiveness, and balance of convenience favors the defendant.

The plaintiff, Sun Pharma Laboratories Limited, filed a commercial IP suit seeking an interim injunction to restrain the defendant, United Biotech Pri...