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Bombay High Court Partially Allows Appeal Against Setting Aside of Arbitral Award in Development Dispute. Court Upholds Damages for Breach but Disallows Compound Interest.

The judgment arises from two arbitration appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a common order dated 25th...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restoring Arbitral Award That Declared Termination of Master Asset Purchase Agreement by Repudiation. Court Holds That Single Judge Exceeded Scope of Section 34 by Reappreciating Evidence and Substituting His Own View.

The appeal arises from a dispute between V Hotels Ltd (appellant) and Siddhivinayak Realties Pvt Ltd (respondent no. 1) concerning a Master Asset Purc...

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Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

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Supreme Court Allows Appeal in Arbitration Case by Restoring Arbitral Award. High Court's Setting Aside of Award Under Section 37(1)(c) of Arbitration and Conciliation Act, 1996 Found Erroneous as It Exceeded Scope of Judicial Review.

The Supreme Court of India heard a civil appeal arising from a dispute between PSA Sical Terminals Pvt. Ltd., the appellant, and The Board of Trustees...

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Supreme Court Upholds International Arbitral Award in Coal Supply Dispute — Damages Awarded for Breach of Contract. Division Bench of Delhi High Court Erred in Setting Aside Majority Award Under Section 37 of Arbitration and Conciliation Act, 1996 as Findings Were Plausible and Not Perverse.

The Supreme Court of India heard an appeal against a Division Bench judgment of the Delhi High Court that had set aside a majority international arbit...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Supreme Court Allows Appeal of Ramakrishna Mission Against High Court's Finding of Amenability to Writ Jurisdiction. Service Dispute Held Purely Contractual, Not Involving Public Duty.

The Supreme Court allowed the appeal filed by Ramakrishna Mission and its hospital against the judgment of the Gauhati High Court, which had held that...