CiteTEXT
...R.D. Dhanuka, J.:— By this miscellaneous civil application, the applicant seeks transfer of Arbitration Petition No. 174 of 2016 filed by the respondents before the learned District Judge, Thane to this court. ...section 34 of the Arbitration and Conciliation Act, 1996 has to be transferred to this court and has to be clubbed alongwith Commercial ...that the respondent has no objection if the Arbitration Petition No. 174 of 2016 filed by the respondent is transferred to this court and is heard with Commercial Arbitration Petition ...
...Arbitration Application No. 84 of 2017;(vii) Agreement for Development-cum-Sale dated 18 February, 2010 and Deed of Conveyance dated 20 September, 2014 in Commercial Arbitration Petition ...in Commercial Arbitration Petition No. 343 of 2017;(x) Agreement for Development-cum-Sale dated 18 February, 2010 and Deed of Conveyance dated 29 May, 2014 in Commercial ...Commercial Arbitration Petition No. 348 of 2017;(xii) Agreement for Development-cum-Sale dated 18 February, 2010 and Deed of Conveyance dated 29 May, 2014 in Commercial Arbitration...
...declaration that his client is not the authorized representative of the respondent nos. 2 to 77 in the Commercial Arbitration Petition No. 442 of 2017. However on instructions, learned senior counsel...affidavit in reply insofar as the reliefs claimed by the petitioner in Commercial Arbitration Petition No. 442 of 2017 are concerned, are accepted without prejudice to the rights and contentions of...filed within two weeks from the date of affidavit in reply.7. Notice of motion as well as the chamber summons shall be placed along with Commercial Arbitration Petition No. 442 of 2017...
...sg 1/2 carbp166-16.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.166 OF 2016 M/s Shree Ram...Urban Infrastructure Ltd Known as Shree Ram Mills Petitioner Versus Kalpataru Properties Pvt Ltd. (Formerly known as Kalpataru Construction Pvt. Ltd.) Respondent WITH COMMERCIAL ARBITRATION PETITION NO.178.../b. Jayakar And Partners, for the Petitioner in CARBP/166/2016 and for Respondent No.2 in CARBP/178/2016. Mr. F.E. Devitre, Senior Advocate, i/b. Federal & Rashmikant, for Respondent No.1 in both...
...G.S. Patel, J.:— The Commercial Arbitration Petition was dismissed in default. There is a Chamber Order (L) No. 1347 of 2019 for restoration. It is pending before the Prothonotary and...Senior Master. It is withdrawn to this Court.2. For the reasons set out in the Afdavit in Support, the Chamber Order is made absolute. Commercial Arbitration Application (L) No. 38 of 2019 is restored to f...applicant to have the matter placed after service is complete.8. In the meantime, the ad-interim order granted on 20 December 2018 in Commercial Arbitration Petition No. 172 of 2019 (...
...Arbitration Petition. Being filed under Section 11 of the Arbitration and Conciliation Act 1996 on the Original Side, it should be filed as Commercial Arbitration Application. I am told that physical copy ...Section 9 Commercial Arbitration Petition No. 308 of 2020, filings are complete. No further Affidavits are permitted.
5. Any compilation of authorities or written submission of either...G.S. Patel, J.:— Heard through video conferencing.
2. There seem to be some errors in the title pages where the CARBPL No 4307 of 2020 matter is described as Commercial...
.../2019 in Commercial Arbitration Petition No. 55 of 2019 whereby the Notice of Motion taken out by the Appellants was disposed of whereby pending the hearing of the Arbitration Petition filed by th...1. Heard the learned counsel for the parties.
2. The Appellants have challenged the order passed by the learned Single Judge on 8 August 2019 in Notice of Motion No. 960...order is not appealable under Section 13 of the Commercial Courts Act, 2015.
5. The Supreme Court in the case of Kandla Export...
...arbitral tribunal may deliver their award subject to the outcome of the Commercial Arbitration Petition No. 371 of 2017.2. The petitioner has impugned the arbitral award in the...Commercial Arbitration Petition No. 371 of 2017. The matter was extensively argued before this Court by both the parties through their respective counsel on 22 December 2017. This Court admitted the said...commercial arbitration petition.3. In so far as the Notice of Motion No. 418 of 2017 is concerned, on 22 December 2017, this Court has rendered a finding that the petitioner has made out...
...G.S. Patel, J.:—
INTERIM APPLICATION NO. 1 OF 2020 IN COMMERCIAL ARBITRATION PETITION (L) NO. 326 OF 2020.
1. Heard through video...terms. Amendment to be carried out to the Applicant's Commercial Arbitration Petition (L) No. 326 of 2020 in soft copy and serve by 4.00 pm on 12 September 2020. The correction in the hard copy can be...and served no later than by 7.00 pm on 18 September 2020.
7. There are three matters to be taken up.
(1) Commercial Arbitration Petition (L) No. 326 under Section 9 of...
...order directed that the status quo be maintained till continuance of a status-quo that was granted by the Bombay High Court vide order dated 12.10.2017 in Commercial Arbitration Petition No. 17 of 2017...with Commercial Arbitration Petition No. 55 of 2017 involving the same parties.
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2. Aggrieved by this order, the...regard to the Sarfaesi measures has to be maintained in view of the granting of status-quo by the Hon'ble High Court of Bombay in Commercial Arbitration Petition No. 17 of 2017 connected with Commercial...
...order directed that the status quo be maintained till continuance of a status-quo that was granted by the Bombay High Court vide order dated 12.10.2017 in Commercial Arbitration Petition No. 17 of 2017...with Commercial Arbitration Petition No. 55 of 2017 involving the same parties.
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2. Aggrieved by this order, the...regard to the Sarfaesi measures has to be maintained in view of the granting of status-quo by the Hon'ble High Court of Bombay in Commercial Arbitration Petition No. 17 of 2017 connected with Commercial...
...hence liable to pay damages. The said Award was challenged before the learned Single Judge vide Arbitration Petition No. 548/2014. The Arbitral Tribunal proceeded with the merits of the claim laid by the appellants and by a...Petition No. 548/2014 and holding that there was no concluded contract between the parties the Award dated 9th January 2014 under which the Arbitrators held that the
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...Petition No. 76/2018.
3. After the majority and the minority Awards were published on 27thSeptember 2017, the Arbitral Tribunal passed an Award relating to costs which is dated 15th...
...
COMMERCIAL ARBITRATION PETITION NO. 326 OF 2018
WITH
INTERIM APPLICATION (L) NO. 18766 OF 2022
WITH
NOTICE OF...
IN
COMMERCIAL ARBITRATION PETITION NO. 326 OF 2018
National Textile Corporation Ltd. ...Petitioner Versus
Elixir Engineering Pvt.... Ltd. & Anr. ...Respondents
WITH
COMMERCIAL ARBITRATION PETITION NO. 303 OF 2018
WITH
INTERIM APPLICATION (L) NO. 18764...
.... 1,37,23,947/- on 29 July 2019 to the credit of Commercial Arbitration Petition No. 435 of 2019.
3. Then, pursuant to a later order of 30 August 2019 read along with Consent Terms, the...the credit of Commercial Arbitration Petition No. 435 of 2019 is today Rs. 43,38,251/-. of this the principal is Rs. 42,23,947/- and interest accrued is Rs. 1,14,304/-. The Fixed Deposit Receipt...two withdrawals the entire claim of Janvi Teleflms against the Faith Incorporate will stand completely satisfed in terms of the Consent Terms of 23 August 2019.
9. The Commercial Arbitration Petition is dis...
...ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION NO.433 OF 2025
WITH
INTERIM APPLICATION (L) NO.9775 OF 2024
IN...
COMMERCIAL ARBITRATION PETITION NO.433 OF 2025
Gannon Dunkerley & Company Limited ....Petitioner Versus
D2H Green Solutions Pvt. Ltd. ...Respondent Mr..., 2006 ("MSMED Act"), it is a statutory pre-condition under Section 19 of the MSMED Act, that no Court shall entertain any challenge to such award unless a deposit of 75% of the amount awarded is made...
...ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION NO.433 OF 2025
WITH
INTERIM APPLICATION (L) NO.9775 OF 2024
IN...
COMMERCIAL ARBITRATION PETITION NO.433 OF 2025
Gannon Dunkerley & Company Limited ....Petitioner Versus
D2H Green Solutions Pvt. Ltd. ...Respondent Mr..., 2006 ("MSMED Act"), it is a statutory pre-condition under Section 19 of the MSMED Act, that no Court shall entertain any challenge to such award unless a deposit of 75% of the amount awarded is made...
...be fled and served on or before 28 January 2020.6. List the matters on 4 February 2020.7. Liberty to apply.8. In Commercial Arbitration Petition No. 977...other Petitioners are now to be deleted as Petitioners. That amendment is to be carried out forthwith in Court without need of reverifcation.4. Arbitration Petition (L) No. 1544 of...Arbitration Petition in these terms. Item 5 is not necessary. It was covered by the order passed yesterday and I have deleted in hand in black ink.9. A soft copy of the Consent Minutes of Order is to be uploaded as...
...R.D. Dhanuka, J.:— By a separate order passed by this Court today in Commercial Arbitration Petition No. 705 of 2019 after hearing the parties through their respective counsel at length..., this Court admitted the said commercial arbitration petition.2. Insofar as the stay of the impugned award rendered by the learned arbitrator is concerned, Mr. Sakhardande, learned...respondents states that his client has no objection if the amount is deposited in accordance with the terms and conditions of the Standard Operating Procedure. The respondent is willing to withdraw the...
...G.S. Patel, J.:— Commercial Arbitration Petition No. 977 of 2019 is the Developer's Petition against Maitri Vijay CHSL. Arbitration Petition (L) No. 1544 of 2019 is...member-petitioner which puts him on a diferent or separate level from other members of the society.7. The Consent Terms in Commercial Arbitration Petition No. 977 of 2019 with these...Petitioners against the Developer, the Society and the MCGM. This is the opposing members' Petition.2. The ranks of the Petitioners in the opposing members' Petition has thinned considerably...
...Proceeding is already proceeding and both the parties have filed their claim. The Commercial Arbitration Petition No.1220/2018 was filed on 26.10.2018 whereas proceeding under Section 9 was filed...of the Arbitrator, we are of the view that Adjudicating Authority has rightly passed the order rejecting Section 9 petition. There is no merit in the appeal. Appeal is dismissed...
Company Appeal (AT) (Insolvency) No. 1854 of 2024
IN THE MATTER OF:
Ksheeraabd Constructions Pvt. Ltd. …Appellant...