Search Results for "SMS Tea Estates"

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Search Results for "SMS Tea Estates"

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Supreme Court

Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

10 Apr 2019

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...

High Court

Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide.

9 Mar 2018

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 s...

High Court

Bombay High Court Allows Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unstamped MOU. Stamp Objection Is for Arbitral Tribunal to Decide, Not a Bar to Appointment of Arbitrator.

22 Aug 2014

The applicants, Nilesh Shantilal Tank and Praful Shantilal Tank, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation...

High Court

Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

22 Aug 2014

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

High Court

Bombay High Court Allows Section 9 Petition for Appointment of Receiver and Injunction in Loan Default Case — Lender Entitled to Interim Measures to Secure Repayment of Outstanding Amount. The court held that where a borrower defaults and the loan agreement provides for repossession, the lender is entitled to interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, including appointment of receiver and injunction to prevent alienation of assets.

18 Dec 2013

The petitioner, L & T Finance Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures agains...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Grants Interim Relief in Section 9 Petition Despite Unstamped Agreement. The court held that impounding of an agreement for insufficient stamp duty does not bar the grant of interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, as the arbitration agreement remains valid.

2 Apr 2016

The appellant, M/s. Universals Enterprises, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an order of the le...

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 Allows Arbitration Application in Out-of-State Contract Dispute. Holds That Arbitration Is Not a 'Thing Done' Under Maharashtra Stamp Act, 1958, and Contract Executed and Performed Outside Maharashtra Is Not Liable to Stamp Duty in Maharashtra.

22 Nov 2019

The applicant, S Satyanarayana & Co, a partnership firm based in Visakhapatnam, filed an application under Section 11 of the Arbitration and Conciliat...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitrator's Order Rejecting Stamp Duty Objection. Arbitrator has power to impound insufficiently stamped agreement under Section 33 of Maharashtra Stamp Act as a person in charge of a public office.

23 Aug 2018

The petitioners, Milind Dattatraya Mahajan and others, filed a writ petition challenging an order dated 8.4.2018 passed by the learned sole Arbitrator...

Supreme Court

Supreme Court Allows Appeal in Arbitration Jurisdiction Case — Division Bench Correctly Entertained Writ Against Single Judge's Order on Section 16 Objection. High Court's Supervisory Jurisdiction Under Article 227 Not Barred Despite Availability of Statutory Remedy Under Section 37 of Arbitration and Conciliation Act, 1996.

1 Jan 2026

The present appeal arises from a challenge to an order passed by the learned Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996...

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