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M/S. Kotak Mahindra Bank Ltd. Rep. by Its Manager Vs. Mahaveer Chand D ...

Court : Chennai

Subject : Education

of a Court in cancelling an award as envisaged under Section 34 of the Act. Under the Old Arbitration Act, 1940 setting aside the award has been provided in Section 30 of the Act. In the present Arbitration and … has been provided in Section 30 of the Act. In the present Arbitration and Conciliation Act, 1996, in Chapter VII, in Section 34, the remedy of setting aside the award under certain circumstances is provided. 22. Section … the borrowers started paying the installments. 4. After the 12 quarters, on 06.10.2008, the Bank sent letter informing the borrowers the revision of interest from

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

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 … they needed 15 days time to give a suitable reply and on 06.03.1997, a reply notice was sent by them denying the trades transacted on

La'Builde Corporation Vs. Hira Investment Pvt. Ltd.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 15, 20, 20(1) and 30

Reported in : 1990(3)BomCR777

call a preliminary meeting for the purpose of necessary directions. Thus reference was made to the arbitrators under Chapter II of the Arbitration Act, 1940 On 29th November, 1983, notice was issued by the learned Arbitrators calling … by the arbitrators before entering into the references in accordance with the subject to the provisions of the Arbitration Act, 1940.'(d) The respondent paid municipal taxes in respect of building 'B' and building 'E' which were payable by 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 … to set aside the award. It paid 75% of the amount on 06.11.2018, against bank guarantees by the award holder, in 48 2019 SCC OnLine

M/s Icds Ltd Vs. Sr Bhaskaran Pillai

Court : Karnataka

Subject : Arbitration

void contract and the same is not capable of being in force in view of the repeal of Arbitration Act, 1940?.2. Whether the plaintiffs prove that there was no dispute capable of being referred for arbitration and as such … 5 2. Whether the plaintiffs prove that the Arbitral Tribunal has completely ignored the mandatory procedure prescribed under Chapter III of the Act, in particular Sections 11, 14, 15 and 16 of the Act?.3. Whether the plaintiffs

Soorajmull Nagarmull Vs. Asiatic Trading Co. and ors.

Court : Kolkata

Subject : ArbitrationContract

Acts : Arbitration Act, 1940 - Sections 34, 39 and 41 - Order 30, Rule 4

Reported in : AIR1978Cal239,82CWN288

Salil Kumar Roy Choudhry, J. dated Dec. 6, 1971 whereby the appellant's application under Section 34 of the Arbitration Act, 1940 for stay of the connected suit was dismissed. 2. At the material time, the appellant had been carrying … the bye-laws of such trading of the East India Jute and Hessian Exchange Ltd. 5. Bye-laws 1 of Chapter X of the Bye-laws of the East India Jute and Hessian Exchange Ltd. is as follows:-- 'Arbitration of

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 … the said proceedings, being Petition No.853/2012, a consent order was passed on 06.08.2012 in terms whereof the 5 respondent’s wife was dropped from the array

Noy Vallesina Engnr.spa (nka Noy Ambiente S.p.a.) A Corp. Organised An ...

Court : Supreme Court of India

Subject : Arbitration

the same is a self-contained code relating to arbitration.’ 89. It is, thus, to be seen that the Arbitration Act, 1940, from its inception and right through to 2004 (in P.S. Sathappan [P.S. 32 Supra n. 17 33“50.Appealable orders.-(1) … two awards, i.e. the partial and final awards, under Sections 47 and 48 of the Act, in the chapter relating to foreign awards. This petition was allowed and Jindal’s objections against the two awards’ enforceability were overruled. … 2Arbitration petition No.49/2000. 3No.98/2000, under Section 9 of the Act. 4 Dated 06.02.2002, which is now reported as Jindal Drugs Ltd v Noy Vallesina 2002

The Project Director National Highways No. 45 E And 220 National Highw ...

Court : Supreme Court of India

Subject : Land Acquisition

to eliminate any ground of challenge under Section 34. He argued that this was in contrast to the Arbitration Act, 1940 which contained a specific provision to remit an award under Section 15, and further argued that the Arbitration … by the acquiring authority, that is the Central Government.13. Section 34 of the Arbitration Act, 1996 occurs in Chapter VII under the title “Recourse against arbitral award”. We are directly concerned with sub-sections (1) and (4) of