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News Bulletinby shrayan

Arbitration award upheld as it was not perverse or opposed to public policy

There was an agreement between the petitioner and the respondent for making available imported prime coking coal to the respondent. A dispute arose and a settlement was arrived at between the parties. The arbitrator awarded principal amount claimed in respect of the 29 wagons and did not permit any interest for the pre-reference period. High Court held dismissed the appeal as the award was not perverse or otherwise opposed to public policy.-50012 ...

Tribunals award of compesation set aside by High Court

The deceased was traveling unauthorizedly in a goods vehicle, and the accident took place prior to amendment of s 147 of the Motor Vehicles Act. Tribunal passed an award against the appellant Insurance Company. On appeal the High Court set aside the Tribunals award of paying to the original claimants and then recovering the same from the owner.-500114

High Court appointed an arbitrator where valid arbitration clause existed

Petitioner insured its factory with respondent under Standard Fire and Special Perils Policy. Following a fire in the premises petitioner lodged a claim with respondent, who appointed a surveyor. Petitioner invoked the arbitration clause of the policy for the balance claim amount, and filed a petition u/s 11(6) for appointment of an arbitrator. The High Court allowed the petition and appointed an arbitrator. -500106

High Court allowed writ directing reconsideration of petitioner's termination

Respondent cancelled petitioner's tender for supply of food grains in Gurgaon and Pataudi, on complaints that food grains had not been supplied in Gurgaon, and forfeited security amount for 2015-16 and blacklisted petitioner for future contracts. Petitioner filed a writ petition, and the High Court set aside the impugned order and directed the DM to take fresh decision on petitioners termination. -500084

Revision petition allowed as no material against the petitioner accused

Petitioner, a chit fund company, induced the respondent to invest with the petitioner. Despite requests for release of matured chit amount, it was not released and respondent filed a complaint u/s 200 & 156 (3) Cr. P. C. before the Ld. Magistrate, and an FIR was registered. Petitioner filed a revision before the Special Judge who held that there was no material to proceed against petitioner and allowed the revision petition. -500080

Plaintiff's application for enhancement of valuation of suit allowed

Plaintiff filed an application under Order VI Rule 17 & s 151 CPC for amendment of the plaint, for enhancement of the valuation of the suit for the purposes of Court fee and jurisdiction, as the defendants has flooded the market with their product TRANSFLUTHRIN thereby infringing the plaintiff's patent. The Court allowed the plaintiffs application. ...