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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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Bombay High Court Terminates Arbitral Tribunal Mandate for Unreasonable Delay in Filing Statement of Claim. Condonation of delay set aside as claimant failed to show sufficient cause for 7-month delay.

The petitioner, Wanbury Ltd., filed a petition under sections 14(1)(a), 14(2), and 32(2)(c) of the Arbitration and Conciliation Act, 1996, seeking a d...

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Bombay High Court Dismisses Section 34 Challenge Against Arbitral Order Granting Opportunity to Cure Resolution Irregularity. Order held not an interim award under Section 2(1)(c) of Arbitration and Conciliation Act, 1996 as it does not finally determine any issue.

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the Petitioners (RA Group) challenging an...

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Supreme Court Hears Transfer Petitions in Cheque Dishonour Case Under Section 138 NI Act — Jurisdictional Dispute Between Kolkata and Bhopal Courts. Court Examines Pre and Post Amendment Legal Principles to Determine Proper Forum for Trial.

The Supreme Court addressed transfer petitions filed by the accused company seeking transfer of a complaint under Section 138 of the Negotiable Instru...

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High Court of Bombay at Aurangabad Allows Appeal in Motor Accident Claim — Territorial Jurisdiction Determined by Claimant's Residence Under Section 166 of Motor Vehicles Act, 1988. MACT Aurangabad had jurisdiction as claimant resided within its territorial limits, despite accident occurring elsewhere.

The appellant, Navnath s/o Shripati Bhawar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accident Claims...

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Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award in Commodity Trading Dispute — Holds That Arbitral Tribunal Erred in Rejecting Claim for Unauthorized Trades Without Considering Evidence of Unauthorized Transactions.

The petitioner, Mrs. Kaberi Mondal, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging portions of an arbitr...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...