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COMPANY APPEAL NOS. 1 to 7 of 2015

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Madras High Court Dismisses Appeal Against Refusal to Enforce Foreign Arbitral Award Against Non-Signatory. Group of Companies Doctrine Not Applicable Without Evidence of Mutual Intention to Bind Non-Signatory Under Sections 47-49 of Arbitration and Conciliation Act, 1996.

The appellant, LSS Ocean Transport DMCC, a UAE company, filed an appeal under Section 13(1) of the Commercial Courts Act and Section 50 of the Arbitra...

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Madras High Court Allows Appeal in Part in Foreign Award Enforcement Case, Remands for Consideration of Group of Companies Doctrine. The court held that the group of companies doctrine may bind a non-signatory to an arbitration agreement if there is commonality of interest and involvement in the contract.

The appellant, LSS Ocean Transport DMCC, a company incorporated in UAE, filed an appeal against an order dated 16.10.2023 in Arb.O.P.No.(Comm.Div.) 19...

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High Court of Bombay Considers Chamber Summons for Amendment of Execution Application to Enforce Foreign Award Against Additional Respondents. Award Holder Seeks to Hold Associate Companies and Directors Liable for Alleged Asset Stripping to Defeat Award Recovery.

The matter concerned a Chamber Summons filed by the Award Holder in an Execution Application seeking leave to amend the application to enforce a forei...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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Bombay High Court Adjudicates Enforcement of Foreign Arbitral Award in Joint Venture Dispute. Petition Seeks Enforcement Under Section 48 of Arbitration Act; Allegations Include Breach of JVA and Conflict of Interest.

The petitioner, an Italian company engaged in cable manufacturing, entered into a Joint Venture Agreement dated 19th January 2010 with the respondents...

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Bombay High Court Delivers Oral Judgment on Sanction of Scheme of Arrangement Amid BIFR Pendency. Maintainability Under Sections 391 and 394 of Companies Act, 1956 Against Overriding Effect of Sick Industrial Companies (Special Provisions) Act, 1985 Considered.

The petitioner, Ashok Organics Industries Ltd., incorporated in 1973, filed a petition under Sections 391 and 394 of the Companies Act, 1956, seeking ...

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High Court of Karnataka Allows Winding Up Petition Against Airline Company for Inability to Pay Debts Under Companies Act, 1956. The court held that the company was commercially insolvent and unable to pay its debts, and appointed the Official Liquidator to take charge of its assets.

The petitioner, Aerotron Limited, a company incorporated under the laws of England and Wales, filed a company petition under Sections 433(e) and (f) r...

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Supreme Court Dismisses Appeals in Arbitration Act Case Regarding Foreign Award Enforcement. Non-Signatory Parties Not Bound by Arbitration Agreement Under Alter Ego Doctrine for Enforcement Under Part II of Arbitration and Conciliation Act, 1996.

The Supreme Court of India heard civil appeals concerning the recognition and enforcement of foreign awards under Part II of the Arbitration and Conci...