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Supreme Court Clarifies Scope of Arbitration and Limitation in Insolvency Context. Balancing Arbitration Rights with Insolvency Proceedings under IBC and Limitation Law

  Factual Background HPCL Bio-Fuels Ltd., a government-owned entity, engaged M/S Shahaji Bhanudas Bhad for a turnkey project to enhance b...

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"Bombay High Court Condonation of Delay in Filing Arbitration Challenge" "Justice Arif S. Doctor condones a 14-day delay in filing under Section 34, interpreting procedural requirements for signed arbitral awards in light of mandatory statute compliance."

1. Introduction and Parties The case involves the Mumbai Metropolitan Region Development Authority (MMRDA) as the petitioner and Mumbai Metro One Pvt...

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High Court Dismisses Writ Petition Challenging MSMED Facilitation Council Award Without Compliance of Pre-Deposit. The Bombay High Court underscores statutory remedies under the MSMED Act and arbitration laws, dismissing writ petitions to avoid pre-deposit under Section 19.

A private company, challenged an award by the Micro and Small Enterprises Facilitation Council (MSEFC) issued under Section 18 of the MSMED Act. The p...

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Dispute Over Non-Compete Clause Post-Termination. Validity of Restraint Clauses Beyond Termination Under Arbitration and Contract Law

The Bombay High Court addressed a dispute between Indus Power Tech Inc. (Appellant) and Echjay Industries Pvt. Ltd. (Respondent) over a non-compete cl...

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Arbitration for Loan Recovery Dispute Court debates arbitration versus statutory remedies in SARFAESI and RDDB Acts. A high-stakes financial dispute under arbitration as lenders pursue alternative remedies through the SARFAESI Act.

Acts and Sections Discussed: Arbitration and Conciliation Act, 1996, particularly Section 11 (Appointment of Arbitrators) Securitization and Recon...

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"Bombay High Court Upholds Arbitrator's Discretion on Venue of Arbitration" "Agreement on seat does not preclude venue change for procedural convenience: Bombay High Court rules in Dhule arbitration case."

The petitioner challenged the arbitrator's decision to change the arbitration venue to Aurangabad, arguing that the agreed venue per contract was Dhul...

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"Bombay High Court Orders Interim Relief in Shareholder Dispute" Court mandates security deposit from EbixCash Group to secure arbitration award.

The dispute stems from a Shareholders Agreement (SHA) signed in 2017, requiring the respondents to buy the petitioner's shares. Arbitration proceedin...

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High Court Dismisses Frivolous Arbitration Petition in Redevelopment Dispute. Court criticizes misuse of Section 9 of the Arbitration & Conciliation Act by the developer, imposes costs for vexatious litigation.

The Bombay High Court dismissed a petition under Section 9 of the Arbitration & Conciliation Act, 1996 filed by a developer against a cooperative ...