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High Court Dismisses Arbitration Petition Challenging Award Under Arbitration and Conciliation Act, 1996 -- MOU Found Not Amenable to Specific Performance Due to Third-Party Litigation

The High Court dismissed an Arbitration Petition challenging an Arbitral Award that rejected claims for specific performance of a Memorandum of Unders...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages.

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Si...

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Bombay High Court Dismisses Arbitration Petition Challenging Award on Share Sale Proceeds. Court upholds arbitrator's finding that petitioner signed mandate letter for sale of shares and loan repayment, rejecting allegations of fraud and forgery.

The petitioner, Jackie Kukubhai Shroff, and the respondent, Ratnam Sudesh Iyer, were shareholders in Atlas Equipfin Pvt. Ltd. (Atlas), which held shar...

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Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

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Supreme Court Restores Arbitral Award in Coal Supply Dispute, Upholds Plausible Contract Interpretation. High Court Exceeded Section 37 Jurisdiction by Substituting Its Own Construction of Coal Mining and Delivery Agreement.

The dispute arose from a Coal Mining and Delivery Agreement (CMDA) executed on 16.07.2008 between Parsa Kente Collieries Limited (appellant) and Rajas...

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Bombay High Court Dismisses Petitions Challenging Property Tax Demands Due to Delay and Availability of Alternate Remedy. Court holds that appeals under Section 406 of BPMC Act filed after 8-18 years are grossly delayed and cannot be entertained.

The petitioner, NRC Limited, a company incorporated under the Companies Act, 1956, owned a large property in Kalyan. The Kalyan Dombivli Municipal Cor...

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Bombay High Court Dismisses Winding-Up Petition Against Yahoo India Pvt. Ltd. for Lack of Creditor-Debtor Relationship. Petition under Sections 433 and 434 of the Companies Act, 1956 fails as disputed debt arises from tripartite arrangement without privity between petitioner and respondent.

The petitioner, Inflow Technologies Pvt. Ltd., filed a winding-up petition under Sections 433 and 434 of the Companies Act, 1956 against Yahoo India P...

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Bombay High Court Allows Petition to Refer Dispute to Arbitration in Family Settlement Matter. Dispute regarding implementation of Escrow Agent directions under Indenture of Family Settlement held arbitrable under Sections 5 and 8 of Arbitration and Conciliation Act, 1996.

The petitioners, Basant Lall Shaw and Arbind Kumar Jayaswal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...