Appellate Tribunal under SARFAESI Act, 2002 has the authority to condone delay under Section 18(1) if sufficient cause is shown for the delay.

[Case Brief] Baleshwar Dayal Jaiswal v/s Bank of India & Others

Case name Baleshwar Dayal Jaiswal v/s Bank of India & Others Case number Civil Appeal Numbers 5924-5927 of 2015 Court Supreme Court of India Bench Justice Jagdish Singh Khehar, Justice Adarsh Kumar Goel Author of the judgment Justice Adarsh…

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No differential or exceptional treatment is to be given to the Government under the Arbitration and Conciliation Act, 1996 even while considering an application for grant of stay of a money decree in proceedings under Section 34 of the Act.

[Case Brief] Pam Development Private Ltd. v/s State of West Bengal

Case name Pam Development Private Ltd. v/s State of West Bengal Case number Civil Appeal Nos. 5432 and 5433 of 2019 Court Supreme Court of India  Bench Justice Vineet Saran Decided on  July 12, 2019 Relevant Act/Sections Arbitration and…

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While imposing penalty for any breach of regulation provided under the Takeover Regulations, 1997, one should also consider the mitigating factors provided under the SEBI Act and other relevant legislation for the time being in force.

[Case Brief] Capetown Trading Company Private Limited vs Securities and Exchange Board of India

Case name Capetown Trading Company Private Limited vs Securities and Exchange Board of India Case number Appeal No. 102 of 2018 Court/Tribunal Securities Appellate Tribunal Coram Justice Tarun Agarwala, Presiding Officer Dr. C.K.G. Nair, Member Justice M.T. Joshi, Judicial…

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The burden to establish that the Respondent had an intention to consent to arbitration agreement was on the Applicant

[Case Brief] Reckitt Benckiser (India) Private Limited v/s Reynders Label printing India Private Limited & Ors

Case name Reckitt Benckiser (India) Private Limited v/s Reynders Label printing India Private Limited & Ors Case number Arbitration (Civil) Number 65 of 2016 Court Supreme Court of India  Bench Justice A.M. Khanwilkar and Justice Ajay Rastogi Author of…

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A procedural order needs to be differentiated from an interim award as only the latter can be challenged in the court of law.

[Case Brief] ONGC Petro Additions Limited v/s Tecnimont S.P.A & Ors

Case name ONGC Petro Additions Limited v/s Tecnimont S.P.A & Ors Case number O.M.P (Comm) 196/2019 and I.A. 7134 of 2019 Court Delhi High Court Bench Justice Sanjeev Narula Decided on  July 1, 2019 Relevant Act/Sections Arbitration and Conciliation…

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The arbitrator could not decide upon the legal issue of fraud and criminal misappropriation of funds in arbitration proceedings

[Case Brief] N. Radhakrishnan v/s M/s Maestro Engineers & Ors

Case name N. Radhakrishnan v/s M/s Maestro Engineers & Ors Case number Civil Appeal Number 7019 of 2009 Court Supreme Court of India Bench Justice Tarun Chaterjee Decided on October 22, 2009 Relevant Act/Sections Arbitration and Conciliation Act, 1996-…

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Even though there was a pending criminal proceeding, it would cause no prejudice to the parties if the matter were referred to arbitration.

[Case Brief] Swiss Timing Limited v/s Organising Committee, Commonwealth Games

Case name Swiss Timing Limited v/s Organising Committee, Commonwealth Games Case number Arbitration Petitions 34 of 2013 Court Supreme Court of India Bench Justice Surinder Singh Najjar Decided on  May 28, 2014 Relevant Act/Sections  Arbitration and Conciliation Act, 1996-…

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All disputes relating to rights in personam are considered arbitrable and those relating to rights in rem are considered non-arbitrable.

[Case Brief] Booz Allen & Hamilton Inc. v/s SBI Home Finance Ltd. & Ors

Case name Booz Allen & Hamilton Inc. v/s SBI Home Finance Ltd. & Ors Case number Civil Appeal Number 5440 of 2002 Court Supreme Court of India Bench Justice R.V.Raveendran and Justice J.M. Panchal Author of the judgment Justice…

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Eviction and tenancy matters, which are governed by a special legislation, will have the jurisdiction of the authority mentioned in the special legislation only.

[Case Brief] Natraj Studios (P) Ltd. v/s Navrang Studios & Others

Case name Natraj Studios (P) Ltd. v/s Navrang Studios & Others Case number Civil Appeal Number 1906 and 1907 of 1980 Court Supreme Court of India Bench Justice O. Chinnappa Reddy, Justice Baharul Islam,  Justice R.S. Pathak Author of…

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