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Sardar Sarovar Narmada Nigam Ltd. Vs. Aarti Steel Industries and anr.

Court : Gujarat

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 21, 85 and 85(2); Arbitration Act, 1940 - Sections 2, 14, 14(2), 17, 30, 33, 37, 37(3) and 39; Indian Limitation Act, 1908; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : (2002)1GLR186

decree under the provision of Old Arbitration Act, 1940 which is already repealed by the New Arbitration Act, and therefore, also the learned trial Court … Appellate (original respondent) has filed these First Appeal Nos. 1679 and 1680 of 2000 under Section 39 of Arbitration Act, 1940 (hereinafter be referred to as 'the Old Arbitration Act') against the judgment and decree passed by the Civil … aside the award. Section 33 provides procedure for filing an application to contest award passed by the arbitrator. Section 37 provides for limitation. Section 37(3) provides a deeming provision by which an arbitration proceedings commenced which reads as

Mr. Puneet Malhotra and anr. Vs. Mr. R.S. Gai, Sole Arbitrator and ors ...

Court : Mumbai

Subject : ArbitrationCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 20, 21, 34, 34(1), 34(2), 37, 37(1), 75, 81, 85 and 85(2); Bombay Court Fees Act, 1959 - Schedule - Articles 1, 3, 13 and 18; Arbitration Act, 1940 - Sections 2, 30 and 33; General Clauses Act - Sections 8 and 8(1); Foreign Awards (Recognition and Enforcement) Act, 1961; Arbitration (Protocol and Convention) Act, 1937; Contract Act - Sections 28

Reported in : AIR2009Bom42; 2008(6)ALLMR856; 2008(4)ARBLR398(Bom); 2008(6)BomCR551; 2008BusLR40(Bom); 2008(6)MhLj867:2009(2)AIRKarR55(F.B).

Matched in: Advocate S.S. Kanetkar, Adv. in Writ Petition No. 4064 of 2008, R.D. Dhanuka, ;R. Yadav, ;R.Y. Shirsekar and ;H.C. Pimple, Advs. in Arbitration Petition No. 340 and 341 of 2007 and Arbitration Petition (L) No. Vikas Shivarkar, Adv. for Respondent Nos. 3 and 4 in Writ Petition No. 4064 of 2008, ;Zal Andhyarujina, ;Rajeev Talasikar and ;Shivani, Advs., i/b., Javed Gaya, Adv. in Arbitration Petition No. 340 an

Moradhwaj Vs. Bhudar Das

Court : Allahabad

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 21, 37, 41 and 47; Code of Civil Procedure (CPC) , 1908 - Sections 107 and 141 - Order 21, Rule 2 - Order 23, Rule 3; General Clauses Act, 1897 - Sections 8

Reported in : AIR1955All353

With this aspect of the case we shall deal later.15. Thus, the position before the enactment of the Arbitration Act, 1940 was that reference to arbitration could be made in appeals from decrees passed in suits, while it could … to Courts of original jurisdiction.' This section was repealed by Section 1 of Act 23 of 1861, but Section 37 of that Act provided that:'Unless when otherwise provided, the appellate Court shall have the same powers in cases

Smt. Sudarshan Chopra and ors. Vs. Vijay Kumar Chopra and ors.

Court : Punjab and Haryana

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 5, 7, 8, 11(6), 11(7), 37, 39, 54 and 57; Companies Act, 1956 - Sections 10E, 10F, 397 and 398; Constitution of India - Article 226

Reported in : [2003]117CompCas660(P& H)

reasons that the Arbitration Act 1996, is a consolidating and amending statute through which the legislature repealed the Arbitration Act, 1940, which in turn and in the same manner, had repealed the Arbitration Act, 1899, Schedule 2 of the … arbitrator made under Section 8 of the Arbitration Act, 1996. Reference in this behalf has been made to Section 37 of the Arbitration Act, 1996, by learned counsel for the respondents. The aforesaid provision is reproduced hereunder :'3.

Government of Andhra Pradesh Vs. Durgaram Prasad

Court : Andhra Pradesh

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 30 and 37; Limitation Act, 1963 - Sections 5 and 29(2) - Schedule - Article 119; Clauses Act, 1897 - Sections 8; Code of Civil Procedure (CPC), 1908 - Order 21

Reported in : AIR1984AP14

wherein it is held that Section 5 of the Limitation Act does not apply to the proceedings under Arbitration Act 1940 and therefore it cannot be invoked in extending time for filing application to set aside the award. To … the Court has jurisdiction to extend the time in its discretion. The learned counsel fore respondents contended that Section 37 of the Arbitration Act totally excluded the applicability of Section 5 of the Limitation Act and as such … effect set out in that section and the reference to the provision repealed is required to be construed as reference to the provision as re-enacted.'It

Masusmi Sa Investment Llc Vs. Keystone Realtors Pvt. Ltd. and Others

Court : Mumbai

Subject : Arbitration

code. For the aforesaid issue, it is not necessary to examine the differences between the provisions of the Arbitration Act, 1940, and the Arbitration Act, 1996. It is also not necessary to examine the scope of any particular provision … by section 104. In 1940, the legislature enacted Act X of 1940, repealing schedule 2 and section 104(1) clauses (a) to (f) of the Code … for making orders as it has for the purpose of, and in relation to, any proceedings before it. Section 37 37. Appealable orders. (1) An appeal shall lie from the following orders (and from no others) to the

Shyam Telecom Ltd. Vs. A.R.M. Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 5, 9, 11(6), 14(2), 34, 37, 37(1), 39 and 39(1); Delhi High Court Act, 1966 - Sections 10 and 10(1); Arbitration Act, 1940 - Sections 39(1); Specific Relief Act - Sections 6 and 6(3); Motor Vehicles Act - Sections 140; Code of Civil Procedure (CPC) - Sections 4, 100A and 104(1); Guardians and Wards Act; Succession Act; Constitution of India - Article 136

Reported in : 2008(3)ARBLR615(Delhi)

Section 39 of the Arbitration Act, 1940 cannot be said to be repealed by implication by Section 10(1) of the Delhi High Court Act, 1966. … Single Judge to a Division Bench and the said Section does not overwrite Section 39(1) of the old Arbitration Act, 1940 which is a special provision dealing with right of appeal in arbitration matter. It is pertinent to mention … Manmohan, J.1. The Appellant has filed the present appeal being FAO (OS) No. 198/2004 under Section 37 of the Arbitration and Conciliation Act, 1996 and Section 10 of the Delhi High Court Act, 1996. In

Niranjan Lal Todi Vs. Nandalal Todi and Ors.

Court : Kolkata

Subject : Arbitration

the Supreme Court.” Section 37 of the 1996 Act is in pari materia with Section 39 of the Arbitration Act, 1940 which provided as follows:“39. APPEALABLE ORDERS.- (1) An appeal shall lie from the following orders passed under this … of 1940 by codifying the law relating to appeals in S. 39.” The Arbitration Act 1940 has been repealed and replaced by the 1996 Act. The Supreme Court, as well as the Special Bench of this Court

Future Mobiles and Accessories Ltd. Vs. M/S. Sanjeevani Health and Lif ...

Court : Kolkata

Subject : Arbitration

the Supreme Court.” Section 37 of the 1996 Act is in pari materia with Section 39 of the Arbitration Act, 1940 which is also set out hereinbelow for convenience:- 5 “39. APPEALABLE ORDERS.- (1) An appeal shall lie from … of 1940 by codifying the law relating to appeals in S. 39.” The Arbitration Act 1940 has been repealed and replaced by the 1996 Act. The Supreme Court, as well as the Special Bench of this Court

Ratnendra Narayan Bhaduri Vs. Crespi Milano Perfumeries India Pvt. Ltd ...

Court : Kolkata

Subject : Arbitration

the Supreme Court.” Section 37 of the 1996 Act is in pari materia with Section 39 of the Arbitration Act, 1940 which provided as follows:“39. APPEALABLE ORDERS.- (1) An appeal shall lie from the following orders passed under this … of 1940 by codifying the law relating to appeals in S. 39.” The Arbitration Act 1940 has been repealed and replaced by the 1996 Act. The Supreme Court, as well as the Special Bench of this Court