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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was based on the provisions of the Arbitration Act, 1940 and the Foreign Awards Act, 1961 both of which have been repealed.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

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

Radical Builders (India) Pvt. Ltd. Vs. Pharmaceutical Employees Co-op. ...

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 3 to 19, 20, 20(1), 20(2), 20(3), 20(4) and 21; Arbitration and Conciliation Act, 1996 - Sections 11 and 11(6); Limitation Act, 1963 - Sections 8, 8(1) and 8(2) - Article 137

Reported in : 2007(1)ARBLR171(Delhi); 137(2007)DLT709

Gita Mittal, J.1. This petition has been filed under Section 20 of the Arbitration Act, 1940 seeking appointment of an arbitrator to adjudicate upon the disputes between the parties. The respondents had set up … 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

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

Government of India Vs. Vedanta Limited (Formerly Cairn India Ltd.)

Court : Supreme Court of India

Subject : Land Acquisition

the Act, the Law of Arbitration in this country was substantially contained in three enactments namely (1) The Arbitration Act, 1940, (2) The Arbitration (Protocol and Convention) Act, 1937 and (3) The Foreign Awards (Recognition and Enforcement) Act, 1961. … which provides that the court would require to be “satisfied that the foreign award is enforceable under this Chapter”. It was submitted that this is further supported by the language of Section 46 of the Act which

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

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

Present : Mr.Puneet Bali Sr. Advocate with Vs. M/S Bestech India Pvt. ...

Court : Punjab and Haryana

Subject : Land Acquisition

involves the performance of a continuous duty which the Court cannot supervise. (2) Save as provided by the Arbitration Act, 1940 (10 of 1940), no contract to refer present or future differences to arbitration shall be specifically enforced; but … performance of contract enforceable.-“10. Cases in which specific performance of contract enforceable- Except as otherwise provided in this Chapter, the specific performance of any contract may, in the discretion of the court, be enforced- (a) When there … non-performance of which Kumar Paritosh compensation in money is an adequate relief:2014. 07.02 11:59 I attest to the accuracy and integrity of this document FAO

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,

Rajeev Maheshwari and ors. Vs. Indu Kochar and ors.

Court : Kolkata

Subject : Arbitration

be made the subject-matter of the arbitral reference pursuant to the appellate order of March 13, 2012. Though Chapter III of the 1940 Act relates to arbitration with the intervention of the Court where there is no … in 1992. In 1995 the heirs of Mohan Lal Kochar filed an application under Section 20 of the Arbitration Act, 1940 against the heirs of Maheshwari to refer certain disputes to arbitration. (5) Prior to his death, Mohan Lal … Ghosh, Adv.Mr.Sayak Mitra, Adv.Heard on Judgment on : 08/08/2014 and 20/08/2014 : 07/11/2014 Arijit Banerjee, J. (1) By way of this application the petitioners seek