Search Results for "Arbitration award execution"

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Search Results for "Arbitration award execution"

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Supreme Court

Supreme Court Dismisses Appeal in Contract Dispute Over Tender Terms and Recovery of Differential Contract Value. The Court upheld the High Court's finding that absence of formal contract execution precluded invocation of general terms for recovery, distinguishing between condition precedent and subsequent in contract formation under Indian Contract Act, 1872.

23 Jul 2021

The dispute arose from a tender floated by South Eastern Coalfields Ltd. for hiring equipment and related work. The respondent was the successful bidd...

High Court

Bombay High Court Rejects Plaint in Commercial Summary Suit for Non-Compliance with Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. The court held that the plaintiff failed to demonstrate genuine urgency to bypass mandatory pre-institution mediation, as the suit sought recovery of development management fees and security deposit without any specific instances of imminent threat.

11 Nov 2024

The plaintiff, Ekta Housing Private Limited, filed a Commercial Summary Suit against Shraddha Shelters Pvt. Ltd. and two individual guarantors for rec...

High Court

Karnataka High Court Hears Employer's Writ Petition Against Labour Court Order Allowing Workman's Claim for Full Wages under Section 33(C)(2) of Industrial Disputes Act, 1947. Maintainability of an Individual Workman's Application after Settlement by Other Workmen Examined.

20 Feb 2023

The petitioner, Mulberry Silks Ltd, a company engaged in silk fabric manufacturing, filed a writ petition under Articles 226 and 227 of the Constituti...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Arbitral Award in Share Dispute — No Grounds for Interference Under Section 34 of Arbitration Act. Court upholds award rejecting claim for specific performance of oral agreement to transfer shares, finding no valid contract and no limitation bar.

13 Sep 2023

The petitioner, Vijay Shivram Pathare, filed two writ petitions under Article 226 of the Constitution of India challenging an arbitral award dated 30 ...

High Court

High Court of Bombay at Goa Reduces Interest Rate from 12% to 9% in Contractor's Recovery Suit Against State. The court held that interest under Section 34 CPC must be reasonable and not excessive, reducing the rate to 9% per annum.

8 Feb 2019

The dispute arose out of a contract awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contractor, for improvement of riding quality of NH-4A ...

High Court

Bombay High Court Dismisses Developer's Interim Injunction Application in Redevelopment Dispute and Holds Civil Suit Not Barred by Section 91 of Maharashtra Co-operative Societies Act, 1960. Developer's Claim for Specific Performance of Development Agreement Against Co-operative Housing Society Held Maintainable as Developer Is Not a Member Under Section 91, and Transaction Not Subject to Restrictions Under Sections 43, 44, or 45.

13 Jul 2016

The suit was filed by a partnership firm of developers, Maya Developers, against the Azad Co-operative Housing Society Ltd. and its members, seeking s...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Contract Dispute Over Dewatering Claims. Court sets aside majority award's rejection of dewatering claim for additional stretch, remits for fresh consideration.

1 Nov 2012

The Petitioner, an Austrian contracting company, challenged a majority arbitral award dated 11 July 2007 that dismissed its claim for payment of dewat...

High Court

Bombay High Court Allows Third Party Claim in Execution Proceedings — Property Purchased Prior to Attachment Not Liable. Applicants' title upheld as sale deed executed before warrant of attachment under Order XXI Rule 54 CPC.

6 May 2013

The case arises from execution proceedings initiated by Mahindra and Mahindra Financial Services Ltd. (claimant) against Vishal S. Bagadia and another...

High Court

Bombay High Court Allows Chamber Summons to Lift Attachment of Third-Party Property in Execution of Arbitration Award. Mere Residential Address Not Sufficient to Attach Immovable Property Not Owned by Judgment Debtor Under Section 60 CPC.

22 Apr 2013

The plaintiff, TCI Financial Limited, obtained an arbitration award in 2001 and filed Execution Application No. 299 of 2008 in 2008 to enforce the awa...

Supreme Court

Supreme Court Allows Appeal in Hindu Religious Endowments Case — Commissioner Not a Court, Section 5 Limitation Act Not Applicable. Delay Condonation by Commissioner Under Section 69 of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 Set Aside as Commissioner Lacks Power to Apply Section 5 of Limitation Act.

3 May 2019

The appeal arose from a dispute concerning the right to receive first respect as an Ambalam in a village in Tamil Nadu. The appellant, Ganesan, throug...

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