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Search Results for "Arbitration petition"

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High Court

Bombay High Court Dismisses Bank's Petition Challenging Arbitral Award in Counter Guarantee Dispute. Claim Barred by Limitation and Failure to Prove Invocation of Guarantee.

11 Mar 2015

The petitioner, Punjab and Maharashtra Co-op. Bank Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging ...

High Court

Bombay High Court Allows Writ Petition Challenging Interim Orders Under Section 9 of Arbitration Act — Orders Set Aside for Non-Compliance with Mandatory Pre-Arbitration Procedure. The court held that the learned Principal District Judge lacked jurisdiction to grant interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, as the applicant failed to comply with the mandatory pre-arbitration conciliation procedure agreed upon in the contract.

6 Jun 2017

The petitioners, Mineira Nacional Limitada and others, filed a writ petition challenging two orders dated 13.01.2016 and 29.11.2016 passed by the lear...

High Court

Bombay High Court Dismisses Petition Seeking Enforcement of Arbitral Interim Order Under Section 27 of Arbitration Act. Section 27 of the Arbitration and Conciliation Act, 1996 is limited to court assistance in taking evidence and does not extend to implementation of arbitral directions; remedy lies under Section 17 or Section 9.

20 Jul 2012

The case involves a dispute between United Spirits Limited (Petitioner) and Delta Distilleries Limited (Respondent No.1) arising from a bottling agree...

High Court

Bombay High Court Dismisses Section 9 Arbitration Petition and Winding Up Petition Against Corporate Debtor — No Prima Facie Case for Interim Relief or Insolvency as CDR Scheme Was Under Consideration and Debt Was Not Clearly Due.

6 Jul 2015

The petitioner, Tata Capital Financial Services Ltd., a non-banking financial company, granted a term loan of Rs. 50 crores to the first respondent, U...

High Court

Bombay High Court Dismisses Appeal in Arbitration Execution Dispute — Award Under 1940 Act Cannot Be Enforced Under 1996 Act. Court holds that arbitration agreement entered into before 1996 Act came into force is governed by the 1940 Act, and award must be filed in court for enforcement under that Act.

1 Feb 2019

The appellant, M/s. Radhey Shyam Associates, filed a Letters Patent Appeal challenging the judgment of a learned Single Judge of the Bombay High Court...

High Court

Bombay High Court Dismisses Appeal in Arbitration Enforcement Dispute — Award Under 1940 Act Cannot Be Enforced Under 1996 Act. Contractor's Award for Road Construction Work Held Unenforceable as Arbitration Was Governed by Arbitration Act, 1940 and Award Was Not Made Rule of Court.

1 Feb 2019

The appellant, M/s. Radhey Shyam Associates, a contractor, filed a Letters Patent Appeal challenging the judgment of a learned Single Judge of the Bom...

High Court

Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Non-Issuance of Shares Despite Investment. Court Restrains Alienation of Property Released from Mortgage Using Petitioner's Funds Pending Arbitration.

18 Mar 2025

The petitioner, Manmohan Kapani, a 90-year-old US resident, invested USD 1 million in Kapani Resorts Pvt. Ltd. under a Share Subscription and Sharehol...

High Court

High Court of Karnataka Allows Appeal by Monitoring Committee in Arbitration Matter — Sets Aside Order Setting Aside Arbitral Award. Court Holds That Arbitral Tribunal's Award on Interest and Costs Was Not in Conflict with Public Policy of India Under Section 34 of Arbitration and Conciliation Act, 1996.

2 Dec 2022

The Monitoring Committee, constituted by the Supreme Court of India, filed a Commercial Appeal under Section 37 of the Arbitration and Conciliation Ac...

High Court

Bombay High Court Dismisses Developer's Section 9 Petition for Possession Against Tenant in Arbitration Dispute — Interim Relief Denied as Disputed Questions of Fact Require Trial

5 Oct 2012

The petitioner, M/s. Gandhi Adhivitiya Combine, a developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking a...

High Court

Bombay High Court Dismisses Application for Condonation of 3014 Days Delay in Filing Appeal — Gross Negligence and Lack of Sufficient Cause. Delay of 3014 days in filing appeal against arbitration order not condoned as applicants failed to explain each day's delay and showed gross negligence.

27 Apr 2016

The applicants, Padmsey Khimji Chheda and another, filed a Notice of Motion seeking condonation of 3014 days delay in filing Appeal (Lodging) No. 569 ...

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