Search Results for "non-signatory"

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Search Results for "non-signatory"

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Supreme Court

Supreme Court Allows Collaborator's Arbitration Request Despite No Privity of Contract — Joint Undertaking Makes Collaborator Veritable Party to Arbitration Agreement. The collaborator, though a non-signatory to the main contract, was held entitled to invoke the arbitration clause due to the Deed of Joint Undertaking and subsequent conduct of the employer.

7 May 2026

The dispute arose from a contract for installing a Coal Handling Plant Package for the Nabinagar Thermal Power Project. The employer, Respondents, awa...

High Court

High Court of Karnataka Upholds Section 9 Order Against Transferee of Property in Arbitration Dispute — Lis Pendens Applies to Non-Signatory Purchaser. Arbitration clause binds subsequent purchaser of property subject to arbitration agreement, and lis pendens applies to Section 9 proceedings under the Arbitration and Conciliation Act, 1996.

24 Jul 2024

The appellant, M/s Devtree Corp. LLP, purchased a property from the original owner who was a party to a development agreement containing an arbitratio...

High Court

Bombay High Court Allows Appointment of Arbitrator in Group of Companies Dispute — Non-Signatory Group Companies and Guarantors Bound by Arbitration Clause. Court applies prima facie test under Section 11(6) of Arbitration and Conciliation Act, 1996 and holds that group companies and guarantors are bound by arbitration agreement in loan documents.

2 Dec 2015

The applicants, eleven entities including companies and an individual, filed an application under Section 11(6) of the Arbitration and Conciliation Ac...

High Court

Bombay High Court Dismisses Appeal Seeking Enforcement of Consent Terms Against Non-Signatory Defendant in Debenture Dispute. Interpretation of Consent Decree Held That Clause 11(a) Obligation to Pay Was Only on Defendant No.5, Not Defendant No.6, Who Was Not a Party to the Consent Terms.

29 Jan 2015

The case involves two appeals filed by the original Defendant No.5 (Dewanchand Ramsaran Trading Pvt. Ltd. and others) against a common order of the le...

High Court

Bombay High Court Allows Section 8 Application and Appoints Arbitrator in Dispute Over Development Agreements — Arbitration Clause Binding on Non-Signatory Transferee. The court held that a non-signatory who claims through or under a signatory to an arbitration agreement is bound by the arbitration clause, and appointed a retired judge as sole arbitrator.

30 Sep 2014

The judgment concerns two related matters: a Notice of Motion (No. 540 of 2013) in Suit No. 62 of 2013 and an Arbitration Application (No. 86 of 2013)...

High Court

Bombay High Court Dismisses Section 9 Arbitration Petition for Lack of Party Identity. Relief sought against non-signatories to arbitration agreement held impermissible under Sukanya Holdings principle.

2 Jul 2014

The case involves an Arbitration Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 by Rakesh S. Kathotia and another (Petit...

High Court

Bombay High Court Allows Arbitration Petition Under Section 11 of Arbitration and Conciliation Act, 1996 — Appointment of Arbitrator Despite Alleged Non-Signatory to Arbitration Agreement. Court Holds That a Party Can Be Referred to Arbitration If There Is Sufficient Prima Facie Evidence of Consent to Arbitrate, Including Through Conduct or Group Company Doctrine.

30 Nov -0001

The petitioner, Oil and Natural Gas Corporation Ltd. (ONGC), filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking ...

High Court

Bombay High Court Allows Arbitration Appeals and Interim Applications in Developer-Dispute Cases — Appointment of Sole Arbitrator Upheld Despite Alleged Non-Signatory Status. Section 11(6) of Arbitration and Conciliation Act, 1996 empowers court to appoint arbitrator even if some parties are non-signatories to arbitration agreement, provided they are claiming through or under signatory parties.

30 Nov -0001

The case involves two arbitration appeals and two interim applications arising from a dispute between purchasers (appellants) and a developer (respond...

High Court

Bombay High Court Upholds Stay of Civil Suit Pending Arbitration in Joint Venture Dispute. Arbitration Clause in Joint Venture Agreement Mandates Reference to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996.

24 Dec 2013

The petitioner, M/s Eagle AgroFarm Private Limited, owned certain properties and entered into a Joint Venture Agreement dated 9 May 2006 with Responde...

High Court

High Court of Karnataka Appoints Sole Arbitrator in Share Subscription Dispute Under Section 11(6) of Arbitration and Conciliation Act, 1996. Court holds that existence of arbitration clause in Share Subscription Agreement and Shareholders Agreement warrants appointment of arbitrator despite objections regarding non-signatory parties and limitation.

11 Aug 2022

The petitioner, Minions Ventures Private Limited, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointm...

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