Search Results for "pre-reference interest"

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Search Results for "pre-reference interest"

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Supreme Court

Contractual Bar on Pendente Lite Interest: Strict Construction Required Under Arbitration Act, 1940. Supreme Court Upholds Arbitrator’s Power to Award Interest Unless Expressly Barred in Contract

2 Apr 2025

Arbitration Act1940 Act: Arbitrator has inherent power to award pendente lite interest unless expressly barred by contract (Para 8, 10). Strict Co...

Supreme Court

Supreme Court Dismisses Contractor's Appeal in Arbitration Case Upholding Contractual Interest Bar. Pendente Lite Interest Denied as Contract Clause Prohibiting Interest on 'Any Moneys Due' is Valid Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996, and Does Not Violate Section 28 of Indian Contract Act, 1872.

4 Oct 2021

The appeal arose from a dispute between a contractor and Bharat Heavy Electricals Limited regarding a construction contract for a boundary wall at a p...

Supreme Court

Supreme Court Partly Allows Appeal in Arbitration Case, Modifying Interest Award Due to Claimant's Delay and Unreasonable Rate. Arbitrator's Discretion Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996 Must Be Exercised with Reasons, and Interest Cannot Be Awarded for Periods of Inaction, with Rate Reduced from 18% to 9% and 6%.

30 Sep 2022

The dispute originated from a construction contract awarded in 1971 for building a road link, with completion delayed until 1977. The contractor, afte...

Supreme Court

Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

18 Jul 2024

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

High Court

Bombay High Court Allows Raymond Limited's Appeals in Central Excise Cenvat Credit Dispute. Cenvat Credit of AED (T&TA) on Inputs Can Be Utilized for Payment of BED on Final Products.

5 Mar 2015

The appellant, Raymond Limited, is a company manufacturing blankets from woollen fibres. The blankets attract only Basic Excise Duty (BED) and not Add...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Broadcast Rights Dispute — Upholds Award of Rs. 4.77 Crore with Interest. Arbitrator's findings on breach of contract and quantum of damages were not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

31 Aug 2012

The Petitioner, Maharashtra Film Stage and Cultural Development Corporation Ltd., a Government of Maharashtra corporation, challenged an Arbitral Awar...

High Court

Bombay High Court Sets Aside Arbitral Award for Patent Illegality in Rejecting Claims as Non-Arbitrable. Court holds that incorporation of general conditions of contract from main contract into subcontract must be explicit and clear, and that a clause requiring pre-arbitral notification cannot bar arbitration of claims not notified if the clause is not part of the subcontract.

5 Feb 2019

The case involves a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner, Khurana Constructio...

Supreme Court

Supreme Court Allows Arbitration Appointment Despite Limitation Bar — Scope of Section 11(6A) Confined to Existence of Arbitration Agreement. The 2015 Amendment Act restricts court's role to checking arbitration agreement existence, leaving limitation and other issues to arbitrator under Section 16.

27 Nov 2019

The dispute arose from an agreement dated 21.12.2010 between M/s. Uttarakhand Purv Sainik Kalyan Nigam Limited (Petitioner-Contractor) and Northern Co...

High Court

Bombay High Court Sets Aside Arbitral Award for Patent Illegality — Arbitrator Erred in Holding Claims Non-Arbitrable for Lack of Notification Under GCC Not Incorporated in Subcontract. The court found that the arbitrator's conclusion that the General Conditions of Contract formed part of the subcontract was perverse and contrary to the clear terms of the subcontract documents.

5 Feb 2019

The case arises from a subcontract agreement between Khurana Constructions (petitioner/contractor) and IOT Infrastructure and Energy Services Ltd. (re...

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