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Search Results for "Arbitration petition"

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High Court

Bombay High Court Allows Appeal in Arbitration Matter — Upholds Appointment of Arbitrator Despite Alleged Termination of Contract. Court holds that existence of disputes and arbitration agreement is sufficient for appointment under Section 11 of the Arbitration and Conciliation Act, 1996, even if the underlying contract is terminated.

30 Nov 2023

The appellant, Madgavkar Salvage, a partnership firm, filed an appeal against the order of the Commercial Court rejecting its application under Sectio...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Trading Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Arbitrator's Findings on Contract Notes and Liability Upheld as Not Patently Illegal.

24 Sep 2012

The petitioner, Kalyansinh K. Kumpavat, filed an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an a...

High Court

Bombay High Court Allows Post-Award Relief Under Section 9 of Arbitration Act for Enforcement of Consent Award — Disclosure of Assets and Injunction Granted to Prevent Frustration of Award. Court Holds That Post-Award Relief Under Section 9 Is Maintainable and Orders Disclosure of Assets Under Order XXI Rule 41 CPC, Appointment of Court Receiver, and Freezing of Bank Accounts to Secure the Award Amount.

11 Aug 2021

The petitioner, Tulika Devidayal, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking post-award relief to enforce ...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Steel Coils Supply Dispute — Non-Conforming Goods Justify Rejection and Damages. The court upheld the arbitral award granting damages for breach of contract where goods did not meet specifications under the contract for sale of goods.

20 Aug 2014

The petitioner, JSW Steel Ltd., challenged an arbitral award dated 28th May 2013 under Section 34 of the Arbitration and Conciliation Act, 1996. The d...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

15 Sep 2014

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...

Supreme Court

Supreme Court Allows Appeal in Arbitration Dispute Over Building Agreement — Penalty Clause Upheld as Genuine Pre-Estimate of Damages. Court holds that Clause 7 penalty @ ₹10,000 per day for delay is not a secondary obligation but a genuine pre-estimate of damages, and forfeiture of earnest money under Clause 13 is permissible only if no other damages are awarded.

1 Jan 2026

The dispute arose from an agreement dated 09.04.2010 between the owners (Bhupesh Bhayana and Kiran Bhayana) and the builder (Vinod Seth, now represent...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case, Quashing Stay on Termination of Facilities Agreement. The Court held that Section 14 of the Insolvency and Bankruptcy Code, 2016, does not apply to a service recipient, and the NCLT's jurisdiction under Section 60(5)(c) does not extend to contractual termination disputes unrelated to insolvency resolution.

23 Nov 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal dated 24 June 2020, which upheld an interim order of the National Comp...

High Court

Bombay High Court Dismisses Petition to Appoint Arbitrator in Redevelopment Dispute — Dispute Not Arbitrable Under Section 41(e) of Specific Relief Act, 1963. Termination of Development Agreement and Claim for Possession Cannot Be Referred to Arbitration as They Involve Specific Performance and Continuous Duties.

20 Oct 2015

The petitioners, Anand Villa Co-Operative Housing Society Ltd. and its members, filed an arbitration petition under Section 11 of the Arbitration and ...

High Court

High Court of Karnataka Sets Aside Execution Orders in Arbitration Award Enforcement — Petitioner Granted Opportunity to File Objections. Court holds that execution court must consider objections under Section 47 CPC before ordering sale of judgment debtor's property.

30 Jun 2025

The petitioner, Sri Ashish K. Philip, was the judgment debtor in execution proceedings arising out of an arbitration award in favor of the respondent,...

High Court

Bombay High Court Upholds Majority Arbitral Award in Share Subscription Dispute — Put Option and Performance Clause Enforceable Despite Foreign Investment Regulations. The court dismissed a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, holding that the award did not contravene FEMA or SEBI regulations and was not against public policy.

11 Dec 2018

This judgment by the Bombay High Court deals with two connected arbitration petitions arising from a share subscription and shareholders agreement dat...

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