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Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Non-Arbitrability. Disputes Relating to Termination for Convenience and Non-Compete Obligations Held Not Arbitrable Under Section 16 of Arbitration and Conciliation Act, 1996.

The petitioner, Capalpha Trade Private Limited, filed a commercial arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996...

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Supreme Court Upholds SEBI Order Against Corporate Giant in Futures Manipulation Case. The Court held that cornering 93.63% open interest through agents and dumping shares to depress settlement price constituted fraud under PFUTP Regulations.

The case involves appeals by Reliance Industries Limited (RIL) against orders of the Securities Appellate Tribunal (SAT) which upheld SEBI's findings ...

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Supreme Court Allows Banks' Appeals in RBI Fraud Classification Case Regarding Natural Justice Requirements. Court Holds No Absolute Right to Personal Hearing or Full Forensic Audit Report Disclosure Under RBI Master Directions Issued Under Section 35A Banking Regulation Act, 1949.

The dispute arose from the classification of loan accounts as 'fraud' by banks under the Reserve Bank of India's Master Directions. The appellant bank...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Allows Writ Petitions of Petroleum Dealers Challenging VAT Assessment Orders. Assessment orders under Dadra and Nagar Haveli Value Added Tax Act, 2005 set aside as barred by limitation and violative of natural justice.

The judgment pertains to a batch of writ petitions filed by several petroleum dealers (M/s. Yogi Petroleum, Jay Jalaram Construction Co., M/s. Ratan P...

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Bombay High Court Dismisses Writ Petition Challenging CESTAT Order Rejecting Recall of Fraud Finding in CENVAT Credit Case. Court holds that CESTAT's finding of mis-statement and fraud was not a reviewable error and that the Tribunal had inherent power to impose costs for abuse of process.

The petitioner, Essel Propack Limited, a company engaged in manufacturing plastic tubes, filed a writ petition under Article 226 of the Constitution o...

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Bombay High Court Allows Additional Documents in Arbitration Petition Despite Delay, Subject to Costs — Charge-Sheet Filed Against Contractor Relevant to Dispute Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two notices of motion filed in pending commercial arbitration petitions under Section 34 of the Arbitration and Conciliation Act...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...