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Bombay High Court Considers Section 9 Petition in Post-Foreign Award Enforcement Against Guarantor Deleted from Proceedings. Court Examines Applicability of Group of Companies Doctrine to Bind Non-Signatory for Interim Relief.

The petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 by Ningbo Aux Imp & Exp Co. Ltd., a Chinese company, seeking inte...

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Supreme Court Allows Appeal Against Execution of Arbitration Award as Specific Performance of Agreement for Sale. Arbitration Award Only Fixed Land Price; Executing Court Could Not Direct Sale Deed Execution Beyond Award's Scope.

The Supreme Court allowed the appeal filed by Firm Rajasthan Udyog and its partners against Hindustan Engineering & Industries Ltd. The dispute origin...

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Supreme Court Adjudicates Appeal Against High Court's Order Setting Aside Arbitral Award Under Section 37 of Arbitration and Conciliation Act, 1996. Dispute Involves Interpretation of Contractual Notice Requirement as Condition Precedent and Applicability of Waiver and Estoppel in EPC Contract.

The dispute arose from multiple Engineering, Procurement, and Construction (EPC) agreements between SEPCO Electric Power Construction Corporation (con...

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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Bombay High Court Allows Petitioner's Petition for Extension of Bank Guarantee Pending Challenge to Arbitral Award — Section 9 of Arbitration and Conciliation Act, 1996. Post-award interim protection can be granted under Section 9 to preserve the subject matter of arbitration pending challenge to award.

The petitioner, Oil and Natural Gas Corporation Limited (ONGC), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seekin...

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High Court of Karnataka Dismisses Writ Petition Upholding Maintainability of Arbitral Award Execution before Commercial Court. Execution Petition Held Competent Under Section 10(3) of Commercial Courts Act, 2015 as an Application Arising Out of Arbitration, Overruling Objections Based on Order XXI CPC.

Abraham Memorial Education Trust, the petitioner and judgment debtor, challenged an order of the XI Additional District and Sessions Judge (Dedicated ...

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Bombay High Court Hears Arbitration Petition - ONGC Challenges Umpire’s Award Granting Six Days’ Extension in Pipeline Project. Petition contends that the extension was granted in breach of contract clauses 5.9 and 41.8 and without evidence, after rejecting the related claim for cost of repairs.

The dispute arose from a contract dated 6 November 1989 between Oil and Natural Gas Corporation Limited (ONGC) as employer and a consortium of foreign...

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ARBITRATION PETITION NO. 56 OF 2013

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