Search Results for "Interim award"

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Search Results for "Interim award"

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High Court

Bombay High Court Allows Unsuccessful Party's Section 9 Petition in Arbitration Dispute — Maintainability Upheld After Supreme Court's Home Care Retail Marts Judgment. The court held that a losing party can seek interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, overruling the earlier Division Bench decision in Dirk India.

6 May 2026

The judgment arises from a Commercial Arbitration Petition filed by Oil and Natural Gas Corporation Limited (ONGC) against Larsen & Toubro Limited (L&...

Supreme Court

Supreme Court Sets Aside Arbitral Award for Unexplained Delay and Unworkability - Restores Parties to Original Positions Under Article 142. Unexplained delay of over three years in pronouncing award and failure to finally settle disputes renders award contrary to public policy under Section 34 of Arbitration and Conciliation Act, 1996.

1 Jan 2025

The Supreme Court of India considered two civil appeals arising from an arbitral award that was reserved on 28.07.2012 but pronounced only on 16.03.20...

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

High Court of Karnataka Allows Appeal Against Interim Injunction in Commercial Dispute Under Section 9 of Arbitration Act — Injunction Granted Without Considering Balance of Convenience and Irreparable Injury Set Aside. The court held that an interim injunction under Order 39 Rules 1 and 2 CPC requires satisfaction of all three principles: prima facie case, balance of convenience, and irreparable injury.

22 Mar 2021

The appellants, owners of a property, entered into a development agreement with the respondent developer. Disputes arose, and the respondent filed an ...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Agency Agreement Dispute — Upholds Claim for Outstanding Invoices but Remits Interest Calculation. The court held that the arbitrator's award of interest at 18% per annum from the date of each invoice was contrary to the contract and Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, which requires interest to run from the date of cause of action unless otherwise agreed.

21 Jan 2020

The petitioner, Aero Club, filed two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 14t...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Foreign Award Enforcement. Court holds that under the amended Section 2(1)(e) of the Arbitration and Conciliation Act, 1996, only the High Court having jurisdiction over the subject matter of the award can entertain interim measures, not any court where assets are located.

9 Oct 2017

The petitioner, Trammo DMCC, a company incorporated in the UAE, obtained a foreign arbitral award against the respondent, Nagarjuna Fertilizers and Ch...

High Court

Bombay High Court Allows Enforcement of Foreign Award in Favor of Petitioner in Arbitration Dispute. Court Holds That Award Does Not Violate Public Policy and Condoned Delay of 273 Days Under Section 5 of Limitation Act, 1963.

6 Oct 2015

The petitioner, M/s. Louis Dreyfus Commodities Suisse S.A., a Swiss company, entered into a contract with the respondent, Sakuma Exports Limited, an I...

High Court

High Court of Karnataka Allows Union of India's Revision in Arbitration Execution Case Due to Merger of Interim Award with Final Award. Interest Calculation Must Be Based on Final Award Under Section 31(7)(b) of Arbitration and Conciliation Act, 1996.

2 Sep 2014

The Union of India, owning South Western Railway, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging ...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

28 Jan 2014

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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