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CHANDRA DHARI SINGH
Jayanta Kumar Ghosh Outdoor Catering Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
CHANDRA DHARI SINGH, J
I.A. 7318/2023 & I.A. 7595/2023 (Exemptions)
1. Exemptions allowed subject to just exceptions.
2. The applications stand disposed of.
ARB. A. (COMM.) 13/2023, I.A. 7317/2023 (Stay) & I.A. 7594/2023 (Stay)
3. The instant appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter “Arbitration Act”) has been filed on behalf of appellant seeking the following reliefs:—
(b) Continue the interim order dated 6.10.2022 passed by this Hon'ble Court in OMP (I)(Comm) No. 285/2022 till disposal of the Arbitration Claim petition before the Ld. Arbitrator.
(c) Stay the operation and implementation of notice/order dated 04.10.2022 issued by the Resident Commissioner, Maharashtra Sadan, New Delhi;
(d) Restrain the respondent Nos 1 to 4 from causing any disturbance or hindrance in peaceful running of the Maharashtra Sadan Canteen (Old and New) by the appellant during the pendency of the present petition;
(e) Ad-inter
Arbitration agreement - Order of termination of contract - Jurisdiction of learned Arbitrator having been circumscribed by the order of reference of this Court, no fault can be found with interpretat....
The limited grounds for interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, emphasize the concept of patent illegality and the criteria for setting asi....
An order terminating arbitral proceedings under Section 32(2)(c) of the A&C Act is not an award and can be challenged under Section 14(2) of the A&C Act. Delay in appointing an arbitrator may warrant....
A contract with specific termination conditions is not inherently determinable under Section 14 of the Specific Relief Act, allowing for interim relief to maintain status quo pending arbitration.
A contract that is determinable in nature cannot be specifically enforced, and no injunction against termination and enforcement of the contract can be issued.
An order terminating the arbitral proceedings under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996, is not equivalent to an arbitral award and cannot be challenged under Section 34 of....
Injunctions cannot be granted to prevent breaches of determinable contracts under the Specific Relief Act, and the trial court must adhere to established principles when considering applications for ....
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