Search Results for "unilateral appointment"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "unilateral appointment"

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High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Loan Recovery Case Under Section 34 of Arbitration and Conciliation Act, 1996 — Upholds Award of Rs.1,26,46,303/- with Interest at 12% Per Annum. The court held that the arbitrator had applied his mind and there was no violation of natural justice or public policy.

23 Dec 2025

The case involves a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Manmohan Bhimsen Goyal and Kavita Manmohan Goyal ...

High Court

Bombay High Court Quashes Competent Authority Order in MOFA Dispute — Failure to Provide Hearing Violates Natural Justice. Section 5A of MOFA Requires Notice and Opportunity of Hearing Before Directing Conveyance of Land to Society.

31 Aug 2012

The petitioners, Mazda Construction Company, Maredia Enterprises, and Sultanabad CHS Ltd. (Proposed), challenged an order dated 11.04.2012 passed by t...

High Court

High Court Quashes Arbitral Awards in Arbitration Petitions Under Section 34 of Arbitration and Conciliation Act, 1996 Due to Unilateral Appointment of Arbitrator. Unilateral Appointment Renders Arbitrator De Jure Ineligible Under Section 12(5), and Waiver Requires Express Written Agreement After Dispute Arises, Not Mere Participation in Proceedings.

5 Mar 2026

The dispute arose from multiple arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging arbitral awards pass...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

28 Nov 2025

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

High Court

Bombay High Court Allows Substitution of Arbitrator in Sports Contract Disputes Under Sections 11 and 15(2) of Arbitration Act. Arbitrator's failure to render award within statutory period and subsequent resignation justified substitution despite respondent's objection.

22 Jan 2013

The judgment concerns a group of arbitration applications filed under Section 11 and Section 15(2) of the Arbitration and Conciliation Act, 1996, by s...

High Court

Bombay High Court Partially Allows ICICI Bank's Petition Under Section 34 of Arbitration Act, Setting Aside Arbitral Award on Claims for Loss of Profit and Interest on Mobilization Advance. The court held that the arbitrator cannot award interest on an interest-free mobilization advance and cannot award loss of profit without evidence of actual loss.

30 Mar 2016

The petitioner, ICICI Bank Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dat...

High Court

Bombay High Court Allows Petition Challenging Charity Commissioner's Order in Trust Dispute - Resignation Withdrawal Before Acceptance Valid. Trust President's Resignation Withdrawn Before Governing Body Acceptance; Joint Charity Commissioner's Order Quashed for Ignoring Withdrawal Letter Under Maharashtra Public Trusts Act, 1950.

5 Oct 2018

The petitioner, Dr. Yashwant S. Mashankar, was elected President of respondent No.2 Trust in 2003 for a three-year term. He tendered his resignation o...

High Court

High Court of Bombay Sets Aside Exparte Arbitral Award for Violation of Natural Justice and Lack of Proper Notice. Appointment of Arbitrator by Respondent Without Petitioner's Consent and Conduct of Proceedings Without Notice to Petitioner Renders Award Liable to Be Set Aside Under Section 34 of the Arbitration and Conciliation Act, 1996.

7 Jan 2013

The petitioner, M/s. Zenith Fire Services (India) Private Limited, challenged an exparte arbitral award dated 31 October 2011 passed by a sole arbitra...

High Court

Bombay High Court Dismisses Petition Challenging School Tribunal's Order on Date of Birth Correction for Pensionary Benefits. Court upholds Tribunal's finding that petitioner's actual date of birth is 15.09.1960 based on school records, rejecting the service book entry of 01.10.1962 as erroneous.

16 Oct 2025

The petitioner, Prakash Narayanrao Thakare, was appointed as an assistant teacher on 17.03.1989 at Sonaji Maharaj High School, Sonala. At the time of ...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that pre-amended provisions of the Arbitration and Conciliation Act, 1996 apply to arbitration requests received before 23rd October, 2015, and the High Court must respect the agreed appointment procedure.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

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