Search Results for "consent arbitral award"

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Search Results for "consent arbitral award"

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High Court

Bombay High Court Upholds Arbitral Award in Favor of Contractor in Naval Project Dispute — No Interference Under Section 34 of Arbitration Act as Findings Are Plausible and Not Perverse. The court held that the arbitrator's findings on delays, hindrances, and quantum were based on evidence and not open to challenge under Section 34.

20 Oct 2012

The Union of India, through the Director General, Naval Project (MB), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Partnership Dispute — Court Upholds Award Holding That Partnership Was Dissolved by Consent and That Claims Were Barred by Limitation. The court affirmed the arbitrator's findings that the partnership was dissolved by mutual consent and that the claims were barred by limitation under the Limitation Act, 1963.

15 Jan 2018

The petitioners, nine individuals, filed a writ petition under Article 226 of the Constitution of India challenging an arbitral award dated 30/09/2016...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Co-operative Bank Membership Dispute — Forfeiture of Shares and Membership Upheld as Consequence of Final Award. The court held that the Arbitrator's findings were based on evidence and the Bank's action was a lawful recovery measure under the Multi-State Co-operative Societies Act, 2002, Section 84, and the Arbitration and Conciliation Act, 1996, Section 34.

7 May 2013

The Petitioner, Mr. Yusufkhan Fakhrookhan Tadvi, was a member of Respondent No.1-Bank, Konkan Mercantile Co-operative Bank Ltd., and belonged to the T...

Supreme Court

Supreme Court Allows Appeal in Electricity Act Arbitration Dispute — Holds That Captive Generating Plant Using Open Access to Wheel Power to Its Own Units Is a 'Generating Company' Under Section 86(1)(f). The Court Clarifies That the Term 'Generating Company' Includes a Captive Generating Plant and That Disputes Arising from Open Access Agreements for Wheeling Power to Own Units Fall Within the Arbitral Jurisdiction of the State Commission.

4 Dec 2019

The Supreme Court allowed the appeal filed by Hindustan Zinc Limited (HZL) against the judgment of the Rajasthan High Court, which had set aside an ar...

High Court

Bombay High Court Dismisses Revision Against Rejection of Section 47 CPC Application in Arbitration Execution — Judgment Debtor Cannot Re-litigate Arbitral Award Validity in Execution Proceedings

8 Jun 2011

The petitioner, M/s Sira Constructions, was the judgment debtor in an execution proceeding arising from an arbitral award passed under the Arbitration...

High Court

Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Arbitral Award for Recovery of Money Due Under Agreement. Court Holds That Arbitrator's Findings on Factual Issues and Interpretation of Contract Are Not Open to Interference Under Section 34 Unless Perverse or Contrary to Public Policy.

7 Aug 2015

The appeal arises from a dispute between M/s. Trimurti Exports (appellant) and M/s. Modelama Exports Limited (respondent) concerning a mining concessi...

High Court

High Court of Judicature at Bombay Hears Commercial Appeal Against Conditional Leave to Defend in Summary Suit Under Order XXXVII CPC. The Appeal Centres on Whether Section 12A of Commercial Courts Act, 2015 Mandates Pre-Institution Mediation and Whether the Single Judge Correctly Required Deposit of the Suit Amount.

1 Oct 2021

The dispute arose from a commercial summary suit filed by the respondent against the appellant for recovery of Rs.5.54 crores with accrued interest. T...

High Court

Bombay High Court Allows Section 9 Petition for Interim Relief in Family Settlement Dispute. Court grants status quo order to protect assets pending arbitration under family settlement agreement.

22 Dec 2018

The petitioner, Mukesh J. Shah, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pe...

Supreme Court

Supreme Court Dismisses Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute — Seat of Arbitration Determined as Hong Kong Based on Clause 17.2 of MoU.

5 Mar 2020

The petitioner, Mankastu Impex Private Limited, an Indian company, and the respondent, Airvisual Limited, a Hong Kong company, entered into a Memorand...

High Court

Bombay High Court Allows Writ Petition Challenging SAFEMA Forfeiture Orders — Bank's Mortgage Rights Protected as Prior Encumbrance. The Court held that forfeiture under Section 7 of SAFEMA does not extinguish a prior bona fide mortgage created before the issuance of the show cause notice.

21 Dec 2015

The Petitioner, Development Credit Bank Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 12th Mar...

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