Search Results for "Arbitration award execution"

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Search Results for "Arbitration award execution"

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High Court

Bombay High Court Dismisses Application to Set Aside Insolvency Notice in Debt Recovery Matter — Debt Recovery Tribunal's Decree Constitutes a Final Judgment Under Section 9(2) of Presidency-Towns Insolvency Act, 1909.

3 Apr 2006

The judgment debtor, Deepak Cochhar and another, filed a notice of motion seeking to set aside Insolvency Notice No. N/72 of 2004 issued by the Insolv...

Supreme Court

Supreme Court Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award Holding Put and Call Options in Share Purchase Agreement as Enforceable. The court held that clauses 8.5 and 8.5.1 of the Share Purchase Agreement are not forward contracts or derivatives under SCRA and SEBI circulars, and the Single Judge erred in setting aside the award.

2 Feb 2023

The appellants, Percept Finserve Private Limited and Percept Limited, entered into a Share Purchase Agreement with Edelweiss Financial Services Limite...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Loan Guarantee Dispute — No Patent Illegality Found. Guarantor's Liability Upheld Under Section 34 of Arbitration and Conciliation Act, 1996 as Arbitrator's Findings Were Based on Evidence and Not Perverse.

20 Dec 2017

The petitioner, Shantanu Shreedhar Sheorey, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral a...

High Court

High Court of Karnataka Upholds Impounding of Arbitration Agreement for Stamp Duty Deficiency — Civil Court Must Refer to Deputy Commissioner Under Section 37(2) of Karnataka Stamp Act, 1957. The court held that the arbitration agreement is an instrument subject to stamp duty, and the Civil Court, while considering an application under Section 8 of the Arbitration Act, 1940, must follow the mandatory procedure under the Karnataka Stamp Act, 1957, for impounding and reference to the Deputy Commissioner.

24 Mar 2016

The petitioner, United Precision Engineers Pvt. Ltd., filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging ord...

Supreme Court

Supreme Court Allows Assignees' Claim in Execution Proceedings Under Order XXI Rule 16 CPC Based on Pre-Decree Assignment. The Explanation to Order XXI Rule 16, inserted by the Code of Civil Procedure (Amendment) Act, 1976, permits transferees of property rights to apply for execution without separate assignment, making the application under Section 47 CPC maintainable for adjudication of assignee rights.

21 Oct 2021

The dispute arose from a contract awarded by the Union of India to Surendra Nath Kanungo for extension work at Port Blair Airport. Kanungo assigned th...

Supreme Court

Supreme Court Dismisses Third-Party Claim in Execution Proceedings -- Appellant Fails to Remove Property Attachment for Arbitral Award Recovery -- Mother of Company Director Cannot Defeat Creditor's Rights as Post-Award Purchaser

12 Feb 2026

The Supreme Court upheld the attachment of property in execution of an arbitral award, rejecting the third-party claim by Appellant who had purchased ...

Supreme Court

Supreme Court Upholds High Court Decision Quashing Labour Cess Demand Under Building and Other Construction Workers' Welfare Cess Act, 1996. The Court held that the cess demand was invalid as the contract work did not constitute 'building or other construction work' under Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and the levy under Sections 3(1) and (2) of the Cess Act was not applicable.

12 May 2021

The Supreme Court of India, in a civil appellate jurisdiction, addressed a special leave petition under Article 136 of the Constitution of India. The ...

High Court

High Court Dismisses Petition Challenging Arbitral Award in Insurance Claim Dispute — Underinsurance Calculation Upheld as Not Perverse. Court finds no patent illegality in tribunal's assessment of 55% underinsurance on replacement value basis.

9 Mar 2015

The petitioner, M/s Lift and Shift India Pvt. Ltd., imported a second-hand crawler crane in 2004 and insured it with the respondent, M/s Iffco Tokio G...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Share Purchase Agreement Dispute. Court upholds award directing payment of consideration for shares, finding no patent illegality or conflict with public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

3 Nov 2025

The Petitioner, Sonoma Management Partners Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an a...

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