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Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Rs.1 Crore Based on Negotiable Instrument. Triable Issues Raised Regarding Consideration and Liability of Defendants Under Order XXXVII CPC.

The plaintiff, Parag Jyotindra Gandhi, filed a commercial summary suit against the defendants, Jayant Narendra Mehta and Others, to recover a sum of R...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages.

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Si...

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Bombay High Court Dismisses Arbitration Petition Challenging Award on Share Sale Proceeds. Court upholds arbitrator's finding that petitioner signed mandate letter for sale of shares and loan repayment, rejecting allegations of fraud and forgery.

The petitioner, Jackie Kukubhai Shroff, and the respondent, Ratnam Sudesh Iyer, were shareholders in Atlas Equipfin Pvt. Ltd. (Atlas), which held shar...

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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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Bombay High Court Allows Appointment of Arbitrator Despite Prior Award Being Set Aside — Arbitration Clause Survives. The court held that the setting aside of an award does not render the arbitration clause inoperative under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicant, M/s. Associated Constructions, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in NIFTY Trade Dispute. Court upholds arbitral tribunal's finding that petitioners failed to prove unauthorized trade and that credit note was accepted without objection.

The petitioners, Intex Financial Services Pvt. Ltd. and its director Dinesh Mehta, filed a petition under Section 34 of the Arbitration and Conciliati...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Trading Dispute — No Grounds Under Section 34 of Arbitration Act Established. Court upholds award holding petitioner liable for unauthorized trades and failure to prove respondent's instructions.

The petitioner, Sytematix Shares & Stocks (India) Ltd., a stockbroker, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996...