Search Results for "Section 17"

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Search Results for "Section 17"

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High Court

Bombay High Court Allows Arbitration Appeal Against Vacation of Stay on Bank Guarantee Invocation. Court holds that the arbitral tribunal's interim order under Section 17 of the Arbitration and Conciliation Act, 1996, granting stay on invocation of performance bank guarantees, cannot be vacated solely on the ground of balance of convenience when there is a serious dispute regarding the underlying contract and the invocation is alleged to be fraudulent.

10 Sep 2025

The appellant, M/s. Pinnacle Teleservices Pvt. Ltd., filed an arbitration appeal against the order dated 27-08-2024 passed by the learned District Jud...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantor — Petitioner Failed to Avail Alternative Remedy Under Section 17 Before Debt Recovery Tribunal. The court held that a writ petition under Article 226 is not maintainable when an efficacious alternative remedy under Section 17 of the SARFAESI Act is available, and directed the petitioner to approach the DRT.

30 Apr 2024

The petitioner, Bhushan Ramesh Bramgankar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challengi...

High Court

Bombay High Court Declares Deed of Transfer Null and Void in Insolvency Case — Official Assignee Permitted to Take Possession of Flats Transferred After Adjudication as Insolvent. The court held that under Section 17 of the Presidency Towns Insolvency Act, 1909, property vests in the Official Assignee upon adjudication, and any transfer by the insolvent thereafter is void.

19 Mar 2024

The Official Assignee filed a report seeking directions regarding two flats (E-901 and E-905) situated in Pune, which were transferred by the Insolven...

High Court

Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

8 Jan 2024

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

High Court

Bombay High Court Upholds Arbitrator's Refusal of Interim Relief in Shareholder Dispute — Term Sheet Not a Binding Arbitration Agreement. Court holds that a Term Sheet containing an arbitration clause does not constitute a binding arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996, as it was subject to a definitive agreement and the parties did not intend to be bound by the arbitration clause at the pre-contractual stage.

19 Dec 2023

The case involves a dispute between Max Healthcare Institute Limited (Petitioner) and Touch Healthcare Private Limited & Ors. (Respondents) arising ou...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantor's Property — Maintains That Guarantor Is a 'Borrower' Under Section 2(1)(f) of SARFAESI Act and That Writ Jurisdiction Is Not Available When Alternative Statutory Remedy Exists Under Section 17 of SARFAESI Act.

20 Jul 2023

The petitioner, Mr. Latif Yusuf Manikkoth, filed a writ petition before the Bombay High Court challenging the possession notice issued by the Bank of ...

High Court

Bombay High Court Dismisses Developer's Appeal Against Arbitrator's Refusal of Interim Relief in Development Dispute. Court upholds arbitrator's discretion under Section 17 of Arbitration and Conciliation Act, 1996, finding no patent illegality or perversity in order denying interim injunction to developer under Development Agreement dated 3/2/2018.

5 Apr 2023

The petitioner, M/s Viraj Kamman Real Estate Developers Pvt Ltd, a real estate development company, entered into a Development Agreement dated 3/2/201...

High Court

Bombay High Court Dismisses Challenge to Arbitrator's Interim Order Directing Security in Dredging Contract Dispute. Section 37(2)(b) Appeal Fails as Arbitrator's Order for Bank Guarantee of Rs. 5,66,30,579/- Upheld Pending Final Award.

13 Mar 2023

The present Commercial Arbitration Petition was filed under Section 37(2)(b) of the Arbitration & Conciliation Act, 1996 (the Act) by Karanja Terminal...

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