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Search Results for "foreign award decree"

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High Court

Bombay High Court Hears Appeals Against Interim Injunction in Enforcement of Foreign Judgment Suit; Prima Facie Case Not Established. The Single Judge's Order Granting Injunction Without Recording Findings on Essential Requirements Is Challenged Under Section 13 of the Code of Civil Procedure, 1908.

2 Feb 2012

The matter arose from a suit filed by the respondents (plaintiffs) seeking enforcement of a foreign judgment dated 21 September 2010 from the District...

High Court

Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Enforcement of Consent Award Despite Jurisdictional Challenge. The court held that a party who consents to arbitration without objecting to jurisdiction cannot later challenge the award as a nullity on territorial grounds.

14 Sep 2010

The petitioner, United Spirits Limited, filed an application under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reliefs pe...

Supreme Court

Supreme Court Allows AERA's Appeal Against TDSAT Orders Under Section 31 of AERA Act — Tariff Determination Held to Be Regulatory, Not Adjudicatory, Function. Regulatory Authority Can Challenge Appellate Tribunal's Decisions on Questions of Law.

17 Oct 2024

The Supreme Court of India addressed a preliminary objection regarding the maintainability of appeals filed by the Airports Economic Regulatory Author...

High Court

Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

30 Nov -0001

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...

High Court

High Court Dismisses Arbitration Petitions Under Section 34 of Arbitration and Conciliation Act, 1996 — Upholds Arbitrator's Awards in Charterparty Dispute. Court Confirms That Arbitrator's Findings on Breach of Contract and Damages Are Not Open to Reappraisal Under Section 34.

27 Mar 2012

The Petitioner, Rashtriya Chemicals & Fertilizers Ltd. (RCF), a public sector company, entered into an Agreement of Affreightment with the Respondent,...

High Court

Bombay High Court Dismisses Revision Against Execution of Foreign Court's Costs Order. Foreign judgment imposing costs is a decree enforceable under Section 44A of CPC, 1908, and the executing court cannot go behind the decree.

8 Apr 2013

The Petitioner, M/s. Alcon Electronics Pvt. Ltd., challenged an order dated 15th April, 2011 passed by the learned District Judge-2, Nashik, which rej...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

High Court

Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

28 Sep 2022

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

High Court

Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Arbitral Award for Recovery of Money Due Under Agreement. Court Holds That Arbitrator's Findings on Factual Issues and Interpretation of Contract Are Not Open to Interference Under Section 34 Unless Perverse or Contrary to Public Policy.

7 Aug 2015

The appeal arises from a dispute between M/s. Trimurti Exports (appellant) and M/s. Modelama Exports Limited (respondent) concerning a mining concessi...

High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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