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    <title>2016 (5) TMI 884 - BOMBAY HIGH COURT</title>
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    <description>A written inter-corporate deposit arrangement could not be recast as part of a broader joint venture or arbitration-based liability where the deposit agreements and promissory notes showed independent loan transactions, the alleged supplemental understanding was only a draft, and oral assertions could not vary the contracts. The court also held that procedural steps in a withdrawn Section 11 proceeding did not create any adjudication that the dispute was arbitrable. An order directing payment, made on the view that the defence was not bona fide and without final merits adjudication, was not a decree. Interference in a Clause 15 appeal was unwarranted because the Company Court&#039;s discretionary findings were not perverse or unreasonable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=327903</link>
      <description>A written inter-corporate deposit arrangement could not be recast as part of a broader joint venture or arbitration-based liability where the deposit agreements and promissory notes showed independent loan transactions, the alleged supplemental understanding was only a draft, and oral assertions could not vary the contracts. The court also held that procedural steps in a withdrawn Section 11 proceeding did not create any adjudication that the dispute was arbitrable. An order directing payment, made on the view that the defence was not bona fide and without final merits adjudication, was not a decree. Interference in a Clause 15 appeal was unwarranted because the Company Court&#039;s discretionary findings were not perverse or unreasonable.</description>
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