Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
The HC allowed enforcement of the foreign arbitral award against the respondents, holding that objections under Section 48 were untenable. The Court found the award did not direct a company "buyback of shares" and rejected attempts to treat surrender of shares as such. Challenges based on the doctrine of election, alleged contravention of Section 16(b) or Sections 10(b)/14(1)(a)/20 of the Specific Relief Act, waiver, improper delegation, non-consideration of material issues, and alleged fraud were dismissed as merits-based re-appraisals improper in enforcement proceedings or as insufficiently pleaded. Transnational issue-estoppel and comity considerations were acknowledged, but did not preclude enforcement; petition dismissed and award declared enforceable under Sections 47-49.
The HC allowed enforcement of the foreign arbitral award against the respondents, holding that objections under Section 48 were untenable. The Court found the award did not direct a company "buyback of shares" and rejected attempts to treat surrender of shares as such. Challenges based on the doctrine of election, alleged contravention of Section 16(b) or Sections 10(b)/14(1)(a)/20 of the Specific Relief Act, waiver, improper delegation, non-consideration of material issues, and alleged fraud were dismissed as merits-based re-appraisals improper in enforcement proceedings or as insufficiently pleaded. Transnational issue-estoppel and comity considerations were acknowledged, but did not preclude enforcement; petition dismissed and award declared enforceable under Sections 47-49.
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