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Vinitha Associates Ltd. and anr. Vs. Lakshna Holdings Pvt. Ltd. and or ...

Court : Chennai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(4), 34, 34(2) and 43; Limitation Act, 1963 - Schedule - Article 137; Arbitration Act, 1940 - Sections 8, 20 and 33

Reported in : 2007(4)ARBLR575(Madras)

Article 137 of the Limitation Act, 1963 is applicable to file an application under Section 20 of the Arbitration Act, 1940 as decided by this court in the case of Vulcan Insurance Co. Ltd. v. Maharaj Singh : [1976]2SCR62 … preliminary objection was raised by the petitioner contending that the claim is barred by limitation in terms of Chapter 5 of the Capital Market Segment Regulations - Part A, which provides for the procedure for arbitration. The … Hari Singhania (respondent) to Shri Hari Shankar Singhania (appellant no. 1) dated 04.10.1988. This communication also does not reveal either hostility or dispute and only

Krebs Biochemicals and Industries Ltd. Vs. Nannapaneni Venkat Rao, Co- ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 5, 7, 7(1), 7(2), 7(4), 7(5), 11, 11(5), 11(6), 11(9), 16, 16(1), 16(6), 30, 31 and 34; Andhra Pradesh Co-operative Societies Registration Act, 1964 - Sections 12A, 12A(1), 12A(2) and 12A(9) to 12A(13); Arbitration Act, 1940 - Sections 33; (British) Arbitration Act, 1996 - Sections 7; Indian Contract Act, 1872 - Sections 65

Reported in : AIR2009AP216; 2009(5)ALT98

such issues. Before referring to these precedents, it may be mentioned that in cases that were decided under Arbitration Act, 1940 (which has been repealed by new Act), Supreme Court took the view that 'where an agreement is invalid, … New York Convention on Recognition and Enforcement of Foreign Arbitral Awards, 1958 respectively. Part I consisting of ten Chapters (Sections 2 to 43) follows the provisions of UNCITRAL Model Law except 10(1) (number of Arbitrators) and Section … overhauling and after obtaining permission from the Registrar commenced crushing operations from 04-01-2004 for season 2003-2004. In all, KREBS spent Rs. 12,09,30,043/- (Rupees twelve crore

Bhai Sardar Singh and Sons. Vs. Delhi Development Authority

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 16, 17, 21, 28 to 33, 34, 36 and 85(2); Arbitration Act, 1940; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 2002(61)DRJ767

besides with respect to foreign awards.n It provides for altogether different procedure from the one prescribed under the Arbitration Act, 1940. Chapter III deals with composition of arbitral tribunal and how they were to be appointed. Sections 16 and 17

Pasl Wind Solutions Private Limited Vs. Ge Power Conversion India Priv ...

Court : Supreme Court of India

Subject : Arbitration

award may be refused to be enforced. Obviously, under the earlier regime, there was no overlap between the Arbitration Act, 1940, which dealt only with domestic awards, and the Foreign Awards Act. This situation continues in the current Arbitration … evidence.” Part II of the Arbitration Act deals with enforcement of foreign awards in India, and contains two chapters, Chapter I of which deals with the enforcements of awards to which the New York Convention applies. Sections

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

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

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 … the Supreme Court.3. The Arbitral Tribunal, GAFTA, London in its Award dated 04.12.1997 accepted the buyers‟ case.4. On 05.02.1997, the buyers made a separate claim

Ratnam Sudesh Iyer Vs. Jackie Kakubhai Shroff

Court : Supreme Court of India

Subject : Arbitration

to thus examine the effect of such phraseology used in the arbitration clause.27. In the context of the Arbitration Act, 1940 (hereinafter referred to as the ‘Old Act’) and the said Act, there are some observations in Thyssen Stahlunion … a foreign award within the meaning of Part II Section 44 of the said Act. For domestic awards, Chapter 7 of the said Act provides recourse against the arbitral award. Section 34 of the said Chapter provides

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

NRC Limited Vs. Kalyan Dombivli Municipal Corporation and Another

Court : Mumbai

Subject : Land Acquisition

for an order of reference on such matter and on such application being made the provisions of the Arbitration Act, 1940 (X of 1940), relating to arbitration in suits shall, so far as they can be made applicable apply … the Escrow Account. KDMC also contended that the agreement dated 22nd April, 2009 was not in accordance with Chapter-5 of BPMC Act, in as much as, there was no approval of the Standing Committee for execution of