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Showing posts with label commercial court. Show all posts
Showing posts with label commercial court. Show all posts
Monday, 23 June 2025

Supreme Court: Provisions of Commercial courts Act will prevail over the Arbitration Act

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   Thus, the Objects and Reasons of Commercial Courts Act, 2015 is to provide for speedy disposal of the commercial disputes which includes ...

Supreme Court: Designated Commercial Courts Subordinate To Rank Of Principal Civil Judge In The District Can Hear Appeals/Application Under Arbitration Act

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 Thus, the Objects and Reasons of Commercial Courts Act, 2015 is to provide for speedy disposal of the commercial disputes which includes th...
Tuesday, 19 November 2024

Bombay High court imposes costs of five lakhs on defendant who made application for sending summary suit to Commercial courts to delay the proceeding

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   Keeping in mind the objectives of the summary procedure under  Order XXXVII of the CPC, so that cases falling in the specific classes of ...
Thursday, 27 June 2024

What is difference in procedure for trial of civil suit before civil court and commercial courts?

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 In India, the procedures for trial of civil suits before a regular civil court and those under the Commercial Courts Act, 2015, are distinc...
Tuesday, 12 April 2022

Whether the Commercial court can call record from arbitral tribunal for deciding an application U/S 34 of Arbitration Act?

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Perusal of Section 34 (2) (a) of the Act reveals that Court may set aside the award if the party making the application establishes on the b...
Wednesday, 29 December 2021

Bombay HC: S 12-A Commercial Courts Act on Pre-Institution Mediation and Settlement Is A Mandatory Provision

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  Thus, we hold that section 12A of the Act of 2015 is mandatory, and a commercial suit of specified value which does not contemplate any ur...
Saturday, 25 September 2021

Whether Bar U/s 9(3) Arbitration Act is Applicable If Application Was Taken Up By Court Before Constitution Of Arbitration Tribunal?

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The short question of law raised in this appeal is, whether the Court has the power to entertain an application under Section 9(1) of the Ar...
Thursday, 19 August 2021

Whether S 12-A Commercial Courts Act on Pre-Institution Mediation and Settlement Is A Mandatory Provision?

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Though, the word 'shall' in Section 12-A of the Act, sounds Prelitigation  mediation is mandatory on the part of the plaintiff to ex...
Tuesday, 17 November 2020

Bombay HC: Commercial court should not set aside no written statement order by condoning the delay of 103 days in suit transferred from regular court to commercial court

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  The issue raised in this petition is, as to "whether a suit transferred from the regular Court to the Commercial Court, in view of th...
Sunday, 6 September 2020

What is distinction between O 7 R 10 of CPC(Return of plaint) and S 10 of CPC(Stay of suit)?

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At the outset, it is necessary to note a submission, of Mr. Sai Deepak, that Order VII Rule 10, and Section 10, of the CPC, were required...
Sunday, 14 July 2019

Pre-Institution Mediation under commercial courts Act 2018

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12-A. Pre-Institution Mediation and Settlement .—(1) A suit, which does not contemplate any urgent interim relief under this Act, shall no...
Sunday, 19 August 2018

Whether commercial court has jurisdiction to grant injunction as per S 9 of arbitration Act?

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Admittedly, in the present case, the dispute pertains to arbitration matter. The Petitioner is seeking the relief of injunction not under ...
Thursday, 9 November 2017

Landmark Judgment of supreme court on interpretation of implied terms in contract

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 We now proceed to apply the aforesaid principles which have evolved for interpreting the terms of a commercial contract in question. Pa...