<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2014 (6) TMI 199 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=248295</link>
    <description>An arbitral tribunal&#039;s construction of a valuation agreement was upheld where the parties had agreed to market-value assessment by an appointed expert, received the draft report, and were given an opportunity to respond; a section 34 court will not disturb a plausible contractual interpretation or the resulting refusal of cross-examination and further expert evidence. The limitation objection also failed because it was not effectively pressed before the tribunal and the dispute was not treated as a simple accounts claim. Monetary equalisation and possession-based adjustments were likewise sustained because exact partition in specie was impracticable, and owelty was treated as a legitimate means of implementing the parties&#039; and tribunal&#039;s mandate.</description>
    <language>en-us</language>
    <pubDate>Fri, 08 Mar 2013 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 07 Jun 2014 13:26:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=357087" rel="self" type="application/rss+xml"/>
    <item>
      <title>2014 (6) TMI 199 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=248295</link>
      <description>An arbitral tribunal&#039;s construction of a valuation agreement was upheld where the parties had agreed to market-value assessment by an appointed expert, received the draft report, and were given an opportunity to respond; a section 34 court will not disturb a plausible contractual interpretation or the resulting refusal of cross-examination and further expert evidence. The limitation objection also failed because it was not effectively pressed before the tribunal and the dispute was not treated as a simple accounts claim. Monetary equalisation and possession-based adjustments were likewise sustained because exact partition in specie was impracticable, and owelty was treated as a legitimate means of implementing the parties&#039; and tribunal&#039;s mandate.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Fri, 08 Mar 2013 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=248295</guid>
    </item>
  </channel>
</rss>