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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
Ravi Raghunath Khanjode – Appellant
Versus
Harasiddh Corporation – Respondent
SANDEEP V. MARNE, J.
1) This Petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) setting up a challenge to the Award dated 29 March 2022 passed by the learned sole Arbitrator. By the impugned Award, the learned Arbitrator has issued a declaration that the Agreement dated 10 July 1981 and the Tripartite Memorandum of Understanding dated 30 July 1997 are valid subsisting and binding on the Petitioner. The learned Arbitrator has further declared that the Agreement dated 11 August 2010 is valid, subsisting and binding on the Petitioners. The learned Arbitrator also ordered specific performance for doing all acts, deeds, matters, things and to sign and execute and register all documents and writings as may be necessary for development/redevelopment of suit property as slum rehabilitation scheme and to vest the same in favour of body of society/societies to be formed in respect of rehab and free sale of buildings/flats in the suit properties. The learned Arbitrator has also declared that the Agreement dated 25 November 2014 entered into by Petitioners No.1 to 23 in favour of Petitioner No.24, Power of Attorney dated 25 November 2014,
The court upheld the Arbitrator's award on property transactions, emphasizing the necessity of permissions under applicable land laws while affirming that a plausible ruling can stand even with insuf....
The jurisdiction of the Appellate Court dealing with an appeal under Section 37 against the judgment in a petition under Section 34 is more constrained than the jurisdiction of the Court dealing with....
Section 34 of the Arbitration and Conciliation Act provides a limited window of challenge to an arbitral award, and a violation of a statute, not tied to public policy or public interest, cannot serv....
Unconditional stay of monetary arbitral awards under Section 36 requires exceptional case of prima facie perversity or illegality; otherwise, deposit of full award amount appropriate, guided by Code ....
The arbitration agreement's validity is independent of stamp duty on the substantive contract, and courts have limited grounds for interfering with arbitral awards under Section 34 of the Arbitration....
The arbitration agreement's validity is independent of stamp duty on the substantive contract, and courts have limited grounds for interfering with arbitral awards.
The arbitration agreement's validity is independent of stamp duty issues, and courts have limited grounds for interfering with arbitral awards.
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