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Search Results for "arbitral tribunal jurisdiction"

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High Court

High Court of Bombay Quashes MSEFC Award for Lack of Jurisdiction Over Buyer Not Registered Under MSMED Act. Petitioner's Failure to File Objections Under Section 18(3) Does Not Confer Jurisdiction on Council When Buyer Is Not a 'Supplier' Under Section 2(n) of the Micro, Small and Medium Enterprises Development Act, 2006.

23 Sep 2025

The petitioner, Dodal Electro Instruments, a proprietorship concern based in Pune, engaged in the manufacture and supply of electrical instruments, en...

High Court

Bombay High Court Allows Writ Petition to Quash SARFAESI Act Notices and Orders Against Guarantors Due to Lack of Proper Service and Non-Compliance with Section 13(2) Requirements. The court held that proper service of notice under Section 13(2) of the SARFAESI Act is mandatory before taking possession under Section 13(4), and failure to prove service renders the entire action invalid.

17 Mar 2016

The petitioners, Shivabassappa I. Kankanwadi and his wife Sushila S. Kankanwadi, filed a writ petition before the Bombay High Court at Goa challenging...

High Court

Bombay High Court Allows Section 34 Petition and Sets Aside Ex Parte Arbitral Award for Lack of Proper Notice. Arbitrator Directed to Give Fresh Notice to All Parties Before Proceeding.

6 Dec 2012

The petitioners, Mrs. Prajakta Mahesh Joshi and Mr. Mahesh Shrikrishna Joshi, filed a petition under Section 34 of the Arbitration and Conciliation Ac...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Lease Dispute — Damages for Unexpired Lock-in Period Awarded. Court holds that arbitrator erred in limiting damages for premature termination of lease to only 6 months instead of the entire unexpired lock-in period under the Lease Deed dated 23rd April, 2016.

26 Sep 2023

The petitioners, heirs of the original lessor, filed a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Allows Section 9 Petition for Appointment of Receiver and Injunction in Loan Default Case. Loan Agreement and Mortgage by Deposit of Title Deeds Established Prima Facie Case for Interim Relief Under Section 9 of the Arbitration and Conciliation Act, 1996.

4 Sep 2015

The petitioner, Aditya Birla Finance Limited, a non-banking finance company, filed a petition under Section 9 of the Arbitration and Conciliation Act,...

High Court

Bombay High Court Allows Transfer of Arbitration Petition to District Court Nashik Under Section 42 of Arbitration Act — Prior Section 9 Petition Determines Exclusive Jurisdiction. The court held that the District Court at Nashik, having first entertained a Section 9 petition, has exclusive jurisdiction over all subsequent applications, including a Section 34 petition, despite a later Section 11 application before the High Court.

15 May 2020

The case involves a dispute between Microvision Technologies Pvt. Ltd. (the applicant/petitioner) and the Union of India (the respondent) arising from...

High Court

High Court of Bombay at Aurangabad Considers Writ Petition Against Interim Injunction Restraining Bank Guarantee Encashment; Contract Formation and Arbitration Clause Among Issues. The Court Examines Whether a Concluded Contract Existed and Whether Civil Court Jurisdiction Is Barred by an Arbitration Clause, but the Provided Judgment Excerpt Is Incomplete.

17 Feb 2010

This writ petition arose from a dispute over the encashment of a bank guarantee submitted as bid security in a tender process. The petitioner, a corpo...

Supreme Court

Supreme Court Refers Key Questions on MSMED Act to Larger Bench. Balancing statutory remedies with writ jurisdiction: Supreme Court deliberates over MSMED Act provisions and alternative remedies.

22 Jan 2025

The Supreme Court of India examines whether a writ petition under Article 226 of the Constitution is maintainable against an order passed by the Micro...

High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Jurisdiction in Arbitration Claim Petition. Court holds that Section 16 of the Arbitration and Conciliation Act, 1996 provides a remedy against an arbitral award, not an interlocutory order, and that the petition is premature.

4 Sep 2025

The petitioner, a cooperative housing society, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 14th Ma...

High Court

Bombay High Court Allows Section 11 Application to Appoint Arbitrator in Insurance Dispute — Insurer's Failure to Appoint Arbitrator Leads to Court Intervention. The court held that the respondent's failure to appoint its arbitrator under the arbitration clause in the terrorism insurance policy entitled the applicant to seek appointment by the court under Section 11 of the Arbitration and Conciliation Act, 1996.

8 May 2013

The applicant, Essar Steel India Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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