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Vijaya Bank Vs. Maker Development Services Pvt. Limited

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 5, 28(1), 34, 34(2), 34(3), 34(4), 34(5), 35 and 37(1); Arbitration Act, 1940 - Sections 8, 30, 33 and 39; Companies Act, 1956; Indian Contract Act - Sections 55; U.N.C.I.T.R.A.L. Model Law on International Commercial Arbitration, 1985; U.N.C.I.T.R.A.L. Conciliation Rules, 1980; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 7(1); Constitution of India - Articles 136, 226 and 227; Presidency Small Cause Courts Act, 1882 - Sections 41; Bombay Rents, Hotel and Lodging House Rates Act, 1947 - Sections 5(11), 15A and 28; Bombay City Civil Court Act, 1948 - Sections 3

Reported in : 2001(4)ALLMR143; 2001(3)BomCR652

They are, The law on arbitration in India is at present substantially contained in three enactments, namely, the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforce-ment) Act, 1961. It is … that the appellant was under an obligation to execute the necessary form required under Section 37-I prescribed under Chapter XX-C of the Income Tax Act, 1961 and to file the same with the Appropriate Authority under the

Dlf Ltd. (formerly Known As Dlf Universal Ltd.) Vs. Koncar Generators ...

Court : Supreme Court of India

Subject : Land Acquisition

award should be applied. The Court reasoned that this Court’s judgment in Forasol (supra) was passed under the Arbitration Act, 1940 and hence, does not apply in the present case. Instead, the High Court referred to the Delhi High … to be a decree of the court when it is satisfied that it is enforceable under Part II, Chapter I of the Act. It reasoned that such satisfaction required under Section 49 is complete only when the … appellants filed a revision, which the High Court admitted by order dated 03.06.2011. By this order, the High Court also stayed the operation of the

M/S. Anand Construction Company Vs. State of U.P.

Court : Allahabad

Subject : Arbitration

Suit No.263 of 1981 since the suit was a money suit and the court never appointed the Arbitrator. Chapter II of the Arbitration Act, 1940, deals with arbitration without intervention of a Court. Section 14 therein provides … Bond No.8/EE dated 04.09.1978. Upon notice the defendant appeared and filed an application under Section 34 of the Arbitration Act, 1940 (hereinafter referred to as '1940 Act') for stay of the suit in view of the arbitration clause in

Progetto Grano S.P.A. Vs. Shri Lal Mahal Limited

Court : Delhi

Subject : Arbitration

would not be applicable to the present case as that judgment was based on the provisions of the Arbitration Act, 1940 and the Foreign Awards Act, 1961 both of which have been repealed. It is further urged that Section … the two Appeal Awards dated 21.09.1998 were rejected and the Appeal Awards were held to be enforceable under Chapter-I Part-II of the Act. The order did not dispose of all the prayers of the decree holder and … said special leave petition being CA No.5085/2013 was dismissed by order dated 03.07.2013.11. In view of the above, the foreign awards dated 21.09.1998 become binding

M/S Shriram Epc Limited Vs. Rioglass Solar Sa

Court : Supreme Court of India

Subject : Land Acquisition

contesting the validity of the award are pending in the country in which it was made.” 13. The Arbitration Act, 1940 then came into force, repealing both the Arbitration Act, 1899 as well as the Second Schedule to the … laws dealing with arbitration. The first was contained in the Code of Civil Procedure, 1882. In Part V, Chapter XXXVII spoke of reference to arbitration. Under Sections 506 to 522 of the Code of Civil Procedure, 1882,

Present: Mr. Kanwaljit Singh Senior Advocate with Vs. Tarlok Singh Son ...

Court : Punjab and Haryana

Subject : Arbitration

Yes -.- K. KANNAN J.I. The lis: Could a later arbitral award be made rule of Court under Arbitration Act, 1940, if the earlier award had remained without Court's imprimatur?.1. The revision is against the order of the Appellate … of the award, then the only provision which could still be attracted is the provision set forth under Chapter VI, Section 39 of the Arbitration Act, sets out the several circumstances when appeals could be filed. An

Texmaco Limited Vs. the Union of India and anr

Court : Delhi

Subject : Land Acquisition

th October, 1988. (e) In the year 1989, the plaintiff moved an application under Section 20 of the Arbitration Act, 1940 for appointment of Arbitrator and reference of disputes. On 25th November, 1990, the plaintiff raised a final bill … of knowledge of the outstanding amount as mentioned in the cause of action para.57. According to Rule 5, Chapter I, Part A of Vol. 5 of High Court Rules and Orders, the objections should have been re-filed

M/S Emkay Global Financial Services Ltd. Vs. Gindhar Sondhi

Court : Supreme Court of India

Subject : Arbitration

Shipyard Ltd. v. Apeejay Shipping Ltd., (2015) 15 SCC522 this Court, in a case arising out of the Arbitration Act, 1940, did not follow the decision in Fiza Developers (supra), as objections to be filed under Sections 30 and … common ground that the arbitration proceeding took place under the National Stock Exchange bye- laws. Under these bye-laws, Chapter VII speaks of dealings by trading members and grants exclusive jurisdiction to the civil courts in Mumbai in … Arbitration Award dated 08.12.2009.3. The appeal arises out of an agreement dated 03.07.2008, which contains the following clauses: “General Clause 1. The parties hereto agree

The Iron and Steel Company Limited Vs. Tiwari Road Lines

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(1), 11, 11(1) to (7), 11(8) and 11(12); Arbitration Act, 1940 - Sections 20(4); Indian Council of Arbitration Rules

Reported in : AIR2007SC2064; 2007(2)ARBLR270(SC); (2007)5CompLJ1(SC); JT2007(6)SC526; 2007(6)SCALE682; (2007)5SCC703; [2007] 6 SCR 156

Kerala : [1992]3SCR649 , the Court was called upon to interpret Sub-section (4) of Section 20 of the Arbitration Act, 1940, which reads as under:20. Application to file in Court arbitration agreement. -(1) Where any persons have entered into … a difference has arisen to which the agreement applies, they or any of them, instead of proceeding under Chapter II, may apply to a Court having jurisdiction in the matter to which the agreement relates, that the

Noida Toll Bridge Company Ltd. Vs. Mitsui Marubeni Corporation

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 16, 16(2), 16(3), 16(4), 16(6), 34 and 37; Partnership Act - Sections 69 and 69(3); Companies Act, 1956; Presidency Town Insolvency Act, 1909; Provincial Insolvency Act, 1920; Presidency Small Cause Courts Act, 1882 - Sections 19; Provincial Small Cause Courts Act, 1887; Arbitration Act, 1940 - Sections 8 and 20; Indian Partnership Act, 1932 - Sections 69; Carriers Act - Sections 9

Reported in : 2005(3)ARBLR234(Delhi); 124(2005)DLT337; 2005(84)DRJ377

of bar contained in Section 69 of the Partnership Act to an application under Section 8 of the Arbitration Act 1940 filed by one of the partners of an un-registered firm against other partner. The partnership agreement contained an … of business in {the said territories}, are situated in areas to which, by notification under {section 56} this Chapter does not apply, or(b) to any suit or claim of set-off not exceeding one hundred rupees in value