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Ganesh Benzoplast Ltd., Mumbai, Vs. Sundaram Finance Ltd., Chennai and

Court : Chennai

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) - Order 38, Rules 5; ;Arbitration Act, 1940 - Sections 18 and 41; Arbitration and Conciliation Act, 1996 - Sections 9;

Reported in : (2002)2MLJ146

deals with the application filed either under Order 38 Rule 5 C.P.C or under Section 18 of the Arbitration Act, 1940. If we look at the provision of Section 18 of the Arbitration Act, 1940, it is analogous to

Dr. Ramesh C. Vaish and ors. Vs. Banwarilal Jaipuria and ors.

Court : Kolkata

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 47, 96 and 104; ;Arbitration Act, 1940 - Sections 2 and 30

Reported in : 2000(1)ARBLR241(Cal)

jurisdiction under Section 34 of the Specific Relief Act and no such power having been conferred under the Arbitration Act, 1940, the arbitrator cannot make any declaratory award and, thus, award made by arbitrator should be treated to be … ground that the same being not a registered one was illegal and, thus, could not be made a rule of Court. In the said objection misconduct on the part of the Arbitrator had also been alleged. By … before the Supreme Court of India was dismissed by an order dated 18-8-92. 7. On an about 23-4-93 the first respondent herein made an application

Ct. A. Ct. Chidambaram Chettiar Vs. Ct. A. Ct. Subramanian Chettiar an ...

Court : Chennai

Subject : ArbitrationFamily

Acts : Arbitration Act, 1940 - Sections 17, 21, 25, 23, 30 and 31; Code of Civil Procedure (CPC) , 1908 - Sections 16 - Order 6, Rule 7 - Order 8, Rule 9 - Order 20, Rule 18 - Order 23, Rule 3 - Order 32, Rule 7 - Order 41, Rule 5; International Law; Hindu Law

Reported in : AIR1953Mad492; (1952)2MLJ524

31 of Arbitration Act, 1940, Section 16 and Order 6 Rule 7, Order 8 Rule 9, Order 20 Rule 18, Order 23 Rule 3, Order 32 Rule 7 and Order 41 Rule 5 of Code of Civil Procedure, … to refer matters which had been decided by a Court, to arbitration. It is true that under the Arbitration Act, 1940, there is authority for holding that the appellate Court has no power to refer disputes to arbitration. Vide

Burn Standard Company Ltd. Vs. Mc Dermott International Inc. and Other ...

Court : Kolkata

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 5, 6, 10, 11, 12, 12(2), 30, 33 and 41;; Arbitration (Amendment) Act, 1950 - Section 12(6);; Foreign Exchange Regulation Act, 1973 - Section - 28(1);; International Chamber of Commerce Rules - Article 8(5);; Specific Relief Act, 1963 - Sections 20 and 20(1) and (2);; Constitution of India - Article 136

Reported in : AIR1997Cal45,(1997)2CALLT95(HC)

ORDER1. This is an application under Sections 5 and 12 of the Arbitration Act, 1940 inter alia for (1) leave to revoke the authority of the arbitrators and appointment of arbitrators in their … to challenge the same in Court. 12. By its letter dated January 18, 1994 the respondent No. 2 intimated the Advocate for the petitioner that … also provides that the conduct of arbitrator including fees for the same will be governed by the ICC, rules.3. The petitioner challenged the validity of the said agreement in this Court on the ground that the same

Hemendra V. Shah Vs. Stock Exchange, Bombay, and Others

Court : Mumbai

Subject : CompanyArbitration

Reported in : 1996(1)BomCR270; (1995)97BOMLR737; [1996]87CompCas258(Bom); 1995(2)MhLj770

already appointed Mr. G. V. Desai and Mr. V. K. Shah, as arbitrators, under Chapter II of the Arbitration Act, 1940. The arbitration shall proceed in accordance with the consent minutes filed under Chapter II of the said Act. … respect of transactions in 'B' group shares from November 27, 1986, to September 14, 1989. Arbitration under the rules, bye-laws and regulations of the Bombay Stock Exchange was invoked. The Bombay Stock Exchange appointed one Mr. G. … in 'A' group shares during the period November 5, 1986, to April 18, 1989, and in respect of transactions in 'B' group shares from November

incomm Tele Limited (Formerly Arm Limited) Vs. Bharat Sanchar Nigam Li ...

Court : Andhra Pradesh

Subject : CivilArbitration

Acts : Companies Act; Arbitration and Conciliation Act, 1996 - Sections 2(1), 9, 11, 36, 42 and 46; Arbitration Act, 1940 - Sections 2, 17, 18, 31, 31(4) and 41; Code of Civil Procedure (CPC) , 1908 - Sections 20 and 120 - Order 7, Rule 11 - Order 39, Rule 1; Code of Civil Procedure (CPC) (Amendment), 1976

Reported in : 2005(6)ALT642; 2006(1)ARBLR530(AP)

to the proceedings under the Arbitration and Conciliation Act. Of course, the said decision was rendered when the Arbitration Act, 1940, was in force. But, the same view was reiterated by the apex Court in Food Corporation of India … Court, Hyderabad, dismissing the application I.A.No. 801 of 2005 in O.P.No. 739 of 2005, filed under Order 39 Rule 1 of the Code of Civil Procedure seeking to grant a temporary injunction restraining the respondents from recovering … Company by name 'INCOMM Tele Limited4. The BSNL issued a notification, dated 18-10-2001, inviting tenders for supply of 5.0 lakh wireless in local loop-CDMA Subscriber

Bombay Stock Exchange Vs. Jaya I. Shah and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Interpretation of Securities Contract (Regulation) Act, 1956 - Sections 3, 4, 4(1), 9, 9(2) and 9(3); Interpretation of Securities Contract (Regulation) Rules - Rules 5, 6, 7, 9, 10, 11, 16, 18, 36, 43, 44, 53, 54, 54A, 56, 57, 62 and 70; Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 46; Stock Exchange Rules, Bye-Laws and Regulations, 1957 - Rule 170; Arbitration Act, 1940; Arbitration and Conciliation Act, 1996

Reported in : AIR2004SC55; I(2004)BC351(SC); [2003]117CompCas595(SC); (2004)1CompLJ1(SC); (2003)185CTR(SC)36; JT2003(8)SC365; 2003(8)SCALE702; (2004)1SCC160; [2003]47SCL776(SC); 2004(1)U

to a contract, such arbitration is governed by the provisions of the law of the country, namely, the Arbitration Act, 1940 and the Arbitration and Conciliation Act, 1998, as the case may be. For the said reasons, only Bye-law … and clearing house would have priority, whereafter all the liabilities relating to contract are required to be discharged. Rule 18, however, does not make any distinction between the claim of a member or a non-member. In the event

Techmo Car Spa Vs. the Madras Aluminium Company Ltd. Represented by It ...

Court : Chennai

Subject : Arbitration

Acts : Administration and Conciliation Act, 1996 - Sections 37

Reported in : 2004(2)ARBLR284(Madras); IV(2004)BC101; [2005]123CompCas533(Mad); 2004(3)CTC754; [2004]54SCL100(Mad)

as it has for the purpose of, and in relation to, any proceedings before it.'Section 41(b) of the Arbitration Act, 1940 corresponds with Section 9 of the Arbitration and Conciliation Act, 1996. Under the Act of 1940, the Court … Act 1/2004 shows that the jurisdiction of a District Judge or a Subordinate Judge extends, subject to the rules contained in the Code of Civil Procedure, to all original suits and proceedings of a civil nature. Accordingly, … till 20th August, 2003. The ICC Secretariat had by its letter dated 18-6-2003, granted a preliminary extension of time till 21st July, 2003. Again the

Food Corporation of India Vs. R.M. Pathare

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 17, 20, 30 and 37(4); Bombay High Court (Original Side) Rules - Rule 787(5)

Reported in : 1994(2)BomCR41; (1994)96BOMLR408

his Award at the rate of 18% per annum from the date of the Award till payment.19. Under Rule 787(5) of the Rules of the Bombay High Court framed under the Arbitration Act, 1940, the Judge disposing … 13th of December, 1979 the appellants filed Arbitration Petition No. 1932 of 1972 under section 20 of the Arbitration Act, 1940. In this petition the appellants have set out the loss suffered by them on account of the illegal

M/S Lloyd Insulations (India) Ltd. and ors. Vs. Cement Corporation of ...

Court : Delhi

Subject : SICA

Acts : The Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 16, 17, 22 and 25; Arbitration Act, 1940 - Sections 14, 17 and 20; Companies Act, 1956 - Sections 18; Negotiable Instruments Act, 1881 - Sections 138, 141 and 142; Code of Civil Procedure (CPC), 1908 - Sections 9 and 86(1) - Order 6, Rule 17

Reported in : 2001IIAD(Delhi)567; 90(2001)DLT1; 2001(57)DRJ606; 2001(1)RLR268

as to whether this bar would apply to arbitration proceedings pending under sections 14 and 17 of the Arbitration Act, 1940 as well? In both the appeals, arbitrators have rendered their awards after the arbitration proceedings which were conducted … proceedings which were conducted under the Arbitration Act, 1940. Arbitration awards were filed in the Court for making rule the Court. Cement Corporation of India Ltd. ('CCI Ltd.' for short) which is a party in both the … taken over or changed [in pursuance of any scheme sanctioned under section 18], notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or