Arbitration – Enforcement of Award – Execution - Objections under Section 47 CPC – Dismissal – Appellant MMTC Limited objected to execution of arbitral award favouring Anglo American Metallurgical Coal Pvt. Ltd., alleging fraud and collusion by its own officials during fixation of coal prices – High Court dismissed objections under Section 47 and application for stay ...
Arbitration – Jurisdiction Challenge – Section 16 A&C Act – Arbitrator appointed with party consent under Section 11 – Petitioner raised preliminary objection claiming dispute was non-arbitrable as it involved dissolution and asset distribution of a firm "at will" – Held: The existence of an arbitration clause and disputed dissolution status made arbitra...
Arbitration – Appointment of Arbitrator – Scope of Judicial Interference under Section 11(6) – Appellant suffered an arbitral award in dispute with third-party contractor – Based on contract clause shifting liability for award to respondent, appellant sought arbitration – High Court rejected application holding that liability arises only upon payment of award and caus...
Arbitration – Appointment of Arbitrator – Existence of Dispute – Petitioner sought appointment of arbitrator under Section 11(6) for resolution of disputes relating to shareholding and management rights in company Varsha Hill Fort Resorts Pvt. Ltd. – Respondents claimed agreement had worked itself out and petitioner had no locus – Held: Clause 41 of the agreement betw...
Arbitration – Jurisdiction – Exclusive Forum Clause – Validity – Purchase orders and agreements between the Rajasthan State Electricity Board (appellant) and the respondent contained clauses stipulating that all disputes shall be subject to jurisdiction of courts at Jaipur only – Respondent nevertheless filed petition under Section 20 of the Arbitration Act, 1940 befo...
Arbitration Law – Jurisdiction of Arbitrators – Dispute as to Status of Party – Arbitration Clause Wide – Award Upheld – The appellants, described as “brokers” in sold/bought notes for jute, invoked arbitration on respondents’ default – Respondents objected that appellants were mere brokers and not principals, hence not parties to arbitration a...
Arbitration – Applicability of Section 8 – Plaintiffs Not Signatories to Arbitration Agreement – Held: Civil Suit Not Referable to Arbitration – Arbitration Clause Cannot Bind Non-Parties – Plaintiffs, heirs of a deceased partner, challenged validity of reconstituted partnership deed dated 17.2.1992 on ground of fraud and lack of consent by predecessor – Neither...
Arbitration – Contract for Handling Work – Escalation in Rates – No Escalation Clause – Contractor’s Claim for Enhanced Payment due to Statutory Wage Revision – Held, even in absence of express escalation clause, contractor entitled to compensation for increased statutory wages – Obligation to pay “fair wages” implies reciprocal obligation of e...
Arbitration Law – Interim Measure – Section 9 Arbitration Act – Relief Granted – The Petitioner sought interim protection to secure claims arising out of breach of a Gas Supply Agreement (GSA) where the Respondent failed to meet the Minimum Guaranteed Offtake (MGO) – Held: Under Section 9, the Court is empowered to grant interim measures for protection of contractual ...
Anticipatory Bail – Maintainability under SC/ST Act – Section 14A(2) Appeal Allowed – The appellant, father of the victim, challenged denial of anticipatory bail on grounds that SC/ST Act provisions did not prima facie apply as both accused and victim belonged to the same community – Held: In light of Shajan Skaria v. State of Kerala, anticipatory bail under Section 438 CrP...