Court : Mumbai
..... action has arisen at mumbai, in view of the petitioner not having leave under clause 12 of the letters patent, the present proceedings filed under section 9 of the arbitration and conciliation act, 1996 in this court are without jurisdiction. 6. the learned counsel for the respondents then submits that the properties in respect of which the ..... mumbai. in my view, as the part of cause of action has admittedly arisen within the territorial jurisdiction of this court, the petition filed under section 9 of the arbitration and conciliation act, 1996 is maintainable in this court. in my view, this court has jurisdiction to entertain and try and dispose of this petition. 10. in ..... amount to secure the claim of the petitioner. 2. on 31.8.2011, pursuant to the application with proposal made by the respondent no.1 for short term financing facility on revolving basis of rs.10 crores for purchase of goods from sterlite industries (i) limited, the petitioner accorded their consent to the said request and .....
Tag this Judgment!Court : Mumbai
..... no merits in the said contention. j) being aggrieved by the said award, the appellants filed arbitration application (misc.application no.151/2007) under section 34 of the arbitration and conciliating act, 1996 in the court of district judge-2, sangli. the respondents also filed separate arbitration application (misc.applicatin no.163/2006) under ..... learned senior counsel submits that though these claims were rejected by the arbitral tribunal, the learned district judge however while exercising the jurisdiction under section 34 of the act has not only set aside those claims but has also held that the respondents therein would be legitimate to make those claims and has given ..... of major bridge across river krishna on miraj-kolhapur (maharashtra state high way-3) at k.m. 181/400 near village ankali which approaches with prior financing collecting toll rates on build, operate and transfer (for short 'bot') basis. the appellant issued work order on 4.3.1999 in favour of the respondents .....
Tag this Judgment!Court : Mumbai Goa
..... capacity of the pumps installed at their plants. 7) strict compliance by the nodal officers within the provisions of section 24(2) of the goa ground water regulation act, they being the officers designated under the act." 11. the respondent no.4 then filed an additional affidavit-in-reply dated 21/01/2013, on behalf of ..... registered with the ground water officer by carrying out surprise inspection through rto officers and any person found in violation to be penalized under the ground water regulation act. 8) in the over exploited areas particularly those surrounding the industrial estates, extraction of ground water during dry (peak summer season) i.e. for ..... and control of the usage and transportation of groundwater in the state of preservation of ground water in accordance with the provisions of the ground water regulation act and rules framed thereunder more particularly the remedial measures suggested in paragraph 37 hereinabove. b) such other reliefs this court deems fit in the facts and .....
Tag this Judgment!Court : Mumbai Goa
..... filed a complaint before the protection officer in form i under the protection of women from domestic violence act, 2005 seeking custody of the daughter amongst other reliefs. the petitioner also filed an application under section 23 of the protection of women from domestic violence act. 3. the learned judicial magistrate first class, mapusa, by the order dated 28th november, 2011 directed the .....
Tag this Judgment!Court : Mumbai Goa
..... 2. article ii of charge framed against petitioner pertains to the period from january 1998 to december 2002, while he was functioning as agm(finance), gm(finance). during the entire period of regular service and contractual service, the petitioner was working for the respondent no. 1. the respondent no.1 ..... to him. in the meantime, the said cmd referred the matter to the internal audit section for reconsideration along with clarification dated 1/12/2005 given by the petitioner and the internal audit section prepared a report dated 23/1/2006 and forwarded the same to the cmd of respondent ..... is a public sector undertaking under the administrative control of department of defence production, ministry of defence, government of india. there are charges against the petitioner which pertain to the contractual period also. the question whether acts .....
Tag this Judgment!Court : Mumbai
..... following options and hence service tax shall be loaded with lower of the two options available as under: option-i present rate of service tax as specified in section-66 of finance act 1994 including education cess is 10.30% (*). if the service component quoted by the bidder in his offer is upto 40% of the total contract value, ..... ought not to substitute its view for that of the authorities. it is sufficient to refer to the following observations in jagdish mandal v. state of orissa and ors. (2007) 14 scc 517, the supreme court held as under:- "22. judicial review of administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias and mala fides. ..... 651, master marine services (p) ltd. v. metcalpe and hodgkinson (p) ltd. and anr. (2005) 6 scc 138; jagdish mandal v. state of orissa and ors. (2007) 14 scc 517 and siemens public communication networks pvt. ltd. and anr. v. union of india and ors. (2008) 16 scc 215 to indicate the parameters of judicial review in .....
Tag this Judgment!Court : Mumbai
..... in my view, the trust deed which records the arbitration agreement between the parties is duly signed by both parties and thus satisfies the condition of section 7 of the arbitration act, 1996. in my view, arbitration agreement exist between the parties. there is no substance in the submission made by the respondent that the trust ..... the reliefs claimed by the petitioner in terms of prayer clause (f) and (g) pertains to the mortgage property, state bank of india and tata capital finance services limited also would be necessary parties. the learned counsel submits that the entire action on the part of the petitioner indicates malafides against the first respondent. 18 ..... the security cover stipulated in financial covenants and conditions no.(v). 7. the tata capital financial services ltd. (tcfsl) is carrying on business as non-banking finance company and was the sole debenture holder of the debentures under the said trust deed. respondent nos.2 and 3 are guarantors vide a deed of guarantee .....
Tag this Judgment!Court : Mumbai
..... award at the behest of dipl whose claim has been rejected would result in a perversion of the object and purpose underlying section 9 of the arbitration and conciliation act, 1996. dipl's application under section 9, if allowed, would result in the grant of interim specific performance of a contract in the teeth of the ..... oral judgment: (dr. chandrachud, j.) these appeals arise from an order of a learned single judge dated 30 april 2012 on a petition under section 9 of the arbitration and conciliation act, 1996. 2. an agreement was entered into on 4 october 2000 between maharashtra state electricity board (mseb) and dirk india private limited (dipl). ..... substantial part of the responsibility under the contract. 5. dipl has filed a petition under section 34 in order to challenge the award. during the pendency of the arbitral proceedings, proceedings were initiated under section 9 of the arbitration and conciliation act, 1996. in those proceedings, an order was passed by a division bench on 12 .....
Tag this Judgment!Court : Mumbai
..... particulars of its income by claiming depreciation of the transaction which was not actually a lease transaction but was finance transaction. the income tax department ordered the assessee to pay penalty under section 271(1)(c) of the income tax act in the sum of rs.19,25,79,529/- being 100% of the tax sought to be evaded ..... by claiming depreciation by the respondents. pursuant to the said order dated 29th march, 2007 passed by the assistant commissioner of income tax, the income tax department issued notice of demand under section 156 of the income tax act, 1961 calling upon the respondent to pay sum of rs.41,85,49,604/-. the learned ..... claim which was subsequently amended pursuant to order dated 16th december, 2008 passed by the learned arbitrator. the petitioner filed written statement and counter claim on 31st december, 2007. by an award dated 24th october, 2011, the learned arbitrator directed the petitioner to pay rs.30,53,064/- with interest in view of the income tax .....
Tag this Judgment!Court : Mumbai
..... 2 (mumbai municipal corporation) before the metropolitan magistrate, 42nd court, shindewadi, mumbai being case no.4200014/sw/2011 alleging the offence punishable under section 475a of the mumbai municipal corporation act, 1888. 5 the complaint has been filed alleging that the premises parvati sada, plot no.148, cts no.5851, town planning scheme iii, ..... assuming everything against the applicants and as alleged in the complaint, however, there is no offence committed under section 475a of the mumbai municipal corporation act, 1888. he submits that section 354 of the same act requires the commissioner to record a satisfaction in terms thereof and then call upon the parties like the ..... the suits to recover the possession, but they could not have invoked the jurisdiction of the small causes court and claimed reliefs under section 507 of the mumbai municipal corporation act, 1888. turning down this contention, the division bench held that if the building is in a ruinous condition and is likely to .....
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