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11 judgments · newest first · showing 1–11
The applicant sought condonation of delay in filing an appeal under Section 37(2) of the Arbitration Act against a district court judgment dismissing his Section 34 application. The judgment was delivered on 29‑08‑2022, making the 90‑day limitation under Article 116 of the Limitation Act expire on …
The appellant, M/s Goa Petroleum Co., filed an appeal under the Arbitration Act, 2017, against M/s Hindustan Petroleum Corporation Ltd. and others. During the hearing, counsel for the appellant, Ms. Marie Rosette Pereira, informed the court that the client wished to withdraw the appeal, and no …
An arbitrator awarded interest to the claimant, specifying 10% simple interest from the award date and 18% simple interest in case of default from 1‑Feb‑1994. The High Court made the award a rule of court and ordered that the award amount, together with interest at 18% per annum, be paid from the …
The Supreme Court examined an appeal by Purushottam (and others) against Shivraj Fine Art Litho Works concerning a suit filed by an unregistered partnership firm to recover sums owed for goods supplied before the firm’s registration. The High Court had dismissed the suit, holding it barred under …
The appellants, shareholders of Dev Papers Ltd., filed a suit against several defendants. An arbitration agreement existed between the appellants and some, but not all, of the defendants. The appellants amended the plaint to delete the names of those defendants who were parties to the arbitration …
The State Sugar Corporation and Jain Construction entered into a contract containing an arbitration clause. In 1991 Jain Construction, an unregistered partnership firm, filed an application under Section 20 of the Arbitration Act, 1940 for appointment of an arbitrator. The Civil Judge dismissed the …
The Supreme Court examined whether an arbitrator can award interest for the period before a reference (pre‑reference period) under the Interest Act, 1839 when the arbitration agreement is silent on interest. The Court noted earlier decisions—Executive Engineer v. Jena, State of Orissa v. G.C. Roy, …
The appellant, New India Civil Erectors Ltd., entered into a contract with ONGC to construct 304 prefabricated housing units. After termination of the contract, disputes were referred to two arbitrators who awarded the appellant a net sum of Rs. 67,82,620. The appellant sought to make the award a …
Larsen & Toubro Ltd. (appellant) entered into a contract with Maharashtra State Electricity Board (respondent) for a coal handling plant, furnishing five bank guarantees for advance, performance, retention money and liquidated damages. After the plant was taken over, the respondent invoked all …
The deceased Chiranjilal Shrilal Goenka left a will appointing his younger daughter as executrix, which was contested by Radhey Shyam, who claimed to be an adopted son. The parties, along with another claimant, were brought before a Supreme Court order that appointed a retired Chief Justice as …
In a suit for specific performance filed in the original side of the Bombay High Court, the plaintiff sought the appointment of a receiver and an interim injunction. The single Judge dismissed the application, and the plaintiff appealed to a Division Bench, which held the appeal was not maintainable …
