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High Court

Bombay High Court Dismisses Judgment Debtor's Challenge to Execution of Arbitral Award on Ground of Non-Receipt of Signed Copy Under Section 31(5) of Arbitration and Conciliation Act, 1996. Receipt of Certified Copy by Post Satisfies Section 31(5) and Award Becomes Enforceable Under Section 36(1).

10 Apr 2023

The petitioner, Rahul S/o Omprakash Gandhi, filed four writ petitions (W.P. Nos. 6091/2022, 6092/2022, 6093/2022, and 6094/2022) challenging the execu...

High Court

Bombay High Court Dismisses Municipal Council's Appeal Against Decree in Terms of Arbitral Award in Octroi Collection Dispute. Court Holds That Objections Under Section 30 of Arbitration Act, 1940 Cannot Be Raised After Award Is Made Rule of Court.

4 Aug 2016

The appellant, Ambernath Municipal Council, a body corporate under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, ...

High Court

Bombay High Court Hears Arbitration Petition - ONGC Challenges Umpire’s Award Granting Six Days’ Extension in Pipeline Project. Petition contends that the extension was granted in breach of contract clauses 5.9 and 41.8 and without evidence, after rejecting the related claim for cost of repairs.

12 Aug 2014

The dispute arose from a contract dated 6 November 1989 between Oil and Natural Gas Corporation Limited (ONGC) as employer and a consortium of foreign...

High Court

Bombay High Court Allows ONGC's Appeal and Dismisses Soconord's Appeal in Arbitration Dispute Over Oil Well Casing Pipes — Umpire's Award Upheld as Not Liable to Be Set Aside Under Section 30 of Arbitration Act, 1940. Court Held That the Learned Single Judge Erred in Setting Aside the Award on Grounds of Non-Consideration of Certain Aspects, as the Umpire Had Considered All Relevant Material and the Award Was Not Vitiated by Any Error of Law Apparent on the Face of the Record.

24 Jul 2014

The case involves cross-appeals arising from an arbitration dispute between Oil & Natural Gas Corporation Limited (ONGC) and M/s. Soconord OCTG, SA (S...

High Court

Bombay High Court Allows Appeal Against Conversion Date in Execution of Foreign Currency Decrees Under Section 44-A CPC. Relevant Date for Conversion Held to Be Date of Foreign Decree, Not Date of Enforceability After Removal of Stay.

21 Dec 2013

The appeals arose from execution proceedings to enforce foreign costs decrees obtained by the respondents (Ananda Bazar Patrika Limited and Aveek Sark...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Awards in Charter Party Disputes — Umpire's Appointment by Consent Valid, No Grounds for Setting Aside Award Under Section 34 of Arbitration and Conciliation Act, 1996. The court held that the umpire's appointment was with consent and the award was not liable to be set aside on grounds of error of law or fact.

2 Dec 2013

The case involves three appeals filed by the Union of India and the Food Corporation of India against orders of a learned Single Judge dismissing thei...

High Court

Bombay High Court Dismisses Jurisdictional Objection in Foreign Award Enforcement — Implied Exclusion of Part I of Arbitration Act Upheld. Parties' choice of London arbitration and English law impliedly excludes Part I of the Arbitration and Conciliation Act, 1996, including section 42, so prior section 34 application in Gujarat does not bar Bombay High Court from hearing enforcement petition under section 48.

5 Oct 2011

The petitioner, Eitzen Bulk A/S, filed a petition under section 48 of the Arbitration and Conciliation Act, 1996, before the Bombay High Court seeking...

High Court

Bombay High Court Delivers Oral Judgment in Appeal No. 28 of 2002 Arising from Chamber Summons No. 298 of 2001. The Dispute Involves the Validity of Deposit of Decretal Amount and Recording of Satisfaction of Award Following Prothonotary's Refusal.

21 Nov 2006

In 1988, arbitrators passed an award directing Oil & Natural Gas Commission (ONGC) to pay US$1,804.50 and US$59,593 as interest on delayed payments, p...

High Court

Bombay High Court Allows Contractor's Appeal in Arbitration Act Case — Restoration of Majority Award on Escalation Clause Interpretation. Section 30 of the Arbitration Act, 1940 Not Attracted as Arbitral Interpretation of Contract Clause Was Plausible.

5 Apr 2006

The appeal arose from an order of a learned Single Judge of the Bombay High Court setting aside a majority arbitral award under Section 30 of the Arbi...

High Court

Bombay High Court Dismisses Appellant's Appeal Against Arbitration Award as Time-Barred Under Article 119 of Limitation Act. Limitation period for setting aside award runs from date of notice of filing of award, not from date of receipt of award.

8 Dec 2005

The appeal arises from a judgment of a Single Judge of the Bombay High Court dismissing an arbitration petition filed by Oil and Natural Gas Corporati...

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