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T.S. Narayanaswamy Vs. Swayam Sewa Cooperative Group Housing Society
Delhi
Jul-14-1998
ArbitrationTrusts and Societies
Arbitration Act, 1940 - Sections 14(2) and 20 - Order 2, Rule 2
74(1998)DLT687; 1998(46)DRJ362
ORDERS.N. Kapoor, J. 1. This judgment shall dispose of suit No. 638A/96 under Section 14 of the Arbitration Act, 1940 as well as objections vide is 11935/96. 2.1. Relevant facts are as under: Earlier in a reference petition … not have applied but in the present case, a petition under Section 20 was filed. The plea was raised by the respondent which was an … the Arbitrator thus appointed, shall be final and binding on both the parties and shall be made a Rule of Court.' 6.5. The objection of the respondent is that the claimant was never a party and there
Tag this Judgment! AI Brief & AskRajasthan State Mines and Minerals Ltd. Vs. Eastern Engineering Enterp ...
Rajasthan
Dec-17-1991
Arbitration
1992(2)WLC19; 1991WLN(UC)402
N.K. Jain, J.1. This miscellaneous appeal is directed Under Section 39(vi) of the Arbitration Act, 1940 against the judgment of learned District Judge, Udaipur dt. 1.8.89 whereby the award given by arbitrator was made … against the judgment of learned District Judge, Udaipur dt. 1.8.89 whereby the award given by arbitrator was made rule of the court.2. The facts in brief are that the appellant is a company registered under the Companies … to item No. 2, 3 and 5 for Rs. 65 lacs on 20.9.85. The claimant filed an application on 17.10.85 Under Section 14(2) and 17
Tag this Judgment! AI Brief & Askinternational Security and Intelligence Agency Limited Vs. Municipal C ...
Delhi
Mar-05-2002
CivilArbitration
Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 6, Rule 15 and 15(2) - Order 20, Rule 6 - Order 21, Rules 11(1), 11(2) and 17(1A); Indian Arbitration Act, 1940 - Sections 20, 30, 31, 32 and 33
AIR2002Delhi347; 2002(2)ARBLR7(Delhi); 2002(63)DRJ38
inasmuch as the only application dismissed by the court was is 9207/97 (i.e. one under Section 30 of Arbitration Act, 1940) and not the is 818/2000 (application under Section 33 of the Arbitration Act, 1940). Application under Section 33 … the respondent-Judgment Debtor before this court. Vide order dated 17.1.2001, objections were dismissed and the award was made rule of the court, and the decree sheet was ordered to be drawn up accordingly. Pursuant to the decree, … Hon'ble Court. Verified at New Delhi on this 8th day of February, 2002.'10. As is apparent from the above, contents of the execution petition from
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Firm Ashok Traders and anr. Etc. Vs. Gurumukh Das Saluja and ors. Etc.
Supreme Court of India
Jan-09-2004
Commercial
Indian Partnership Act, 1932 - Sections 69, 69(1), 69(2) and 69(3); Arbitration and Conciliation Act, 1966 - Sections 2(1), 9, 11, 17, 36 and 37(1); Code of Civil Procedure (CPC) - Order 40, Rules 1 to 4; Arbitration Act, 1940 - Sections 20
AIR2004SC1433; 2004(1)ARBLR141(SC); 2004(2)AWC949(SC); (2004)2CompLJ419(SC); 2004(2)CTC208; JT2004(2)SC352; 2004(3)MhLj592; 2004MPLJ266(SC); (2004)137PLR526; 2004(1)SCALE29; (2004) 3 SCC 155; MANU/SC/0026/2004
case, this Court held Section 69 of Partnership Act applicable to an application under Section 20 of the Arbitration Act, 1940 as such an application (under the scheme of that Act) would be included within the meaning of 'other … continue to run this business as receivers subject to their complying with the provisions given in Order 40 Rules 1 to 4 CPC. They shall submit their accounts before the court in which the application under section
Tag this Judgment! AI Brief & AskSuperintending Engineer and ors. Vs. B. Subba Reddy
Supreme Court of India
Apr-26-1999
Arbitration
Code of Civil Procedure (CPC) , 1908 - Sections 96, 100, 104, 377, 379 and 381 - Orders 39, 41 - Rules 3, 4 and 22; Arbitration Act, 1940 - Sections 20, 39, and 41; Interest Act, 1978; Bombay Court Fees Act, 1959 - Schedule 1 - Article 3; Representation of People Act, 1951 - Sections 123(3); Bengal Money Lenders Act, Sections 38(3)
AIR1999SC1747; 1999(2)ARBLR304(SC); 1999(2)CTC507; JT1999(3)SC311; 1999(2)MPLJ187; (1999)122PLR585; 1999(3)SCALE55; (1999)4SCC423; [1999]2SCR880; 1999(2)LC881(SC)
23, 1992 of a Division Bench of the Andhra Pradesh High Court in proceedings arising out of the Arbitration Act, 1940 (for short, the 'Act') where the High Court made the award as given by the arbitrator, rule of … respect of each of the agreements as under:SI. No No. of agreement Amount awarded1. A.S. No. 8/SE, dated 20-5-82 Rs. 3,73,486 + final Bill, with-heldamounts and damages.2. A.S. No.9/SE, dated 20.5. 82 Rs. 4,08,377 + final Bill,
Tag this Judgment! AI Brief & AskMr. Akshay Kapur and ors. Vs. Mr. Rishav Kapur and ors.
Delhi
May-30-2003
Arbitration
Arbitration and Conciliation Act 1996 - Sections 5, 7, 7(3), 8, 8(1), 8(3), 16, 36 and 37; Arbitration Act, 1940 - Sections 8, 12, 20, 34, and 41; Indian Contract Act - Sections 28
2003(2)ARBLR508(Delhi); 105(2003)DLT467; 2003(69)DRJ332; 2003(3)RAJ189
the contrary, submitted that Section 8 of the Act is akin to Sections 12 and 34 of the Arbitration Act 1940, the only difference being that no discretion is reposed in the Court. It is his contention that the … -- while making reference to arbitration in the course of arbitral proceedings and while making the award a rule of the court'. However, It must be borne in mind that these observations have been made in the … It is contended that the process of valuation was started in August 2000 and all concerned parties, including the Plaintiff fully participated therein. He has
Tag this Judgment! AI Brief & AskG.S. Atwal and Co. and ors. Vs. Rajasthan State Mineral Development Co ...
Rajasthan
Jan-18-1994
Arbitration
1994(1)WLN194
make them as Rule of the Court. The Contractor also filed separate applications Under Section 14(2) of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') to make the Awards as Rule of the Court. Objections were filed … & lubricants, spare parts etc.4. While the above contract was in force, the Corporation, vide letter dated January 20, 1984, informed the contractor that payment henceforth would be made @ Rs. 39/- per cub.m. for the work
Tag this Judgment! AI Brief & AskDeepak Industries Ltd. Vs. National Research Development Corporation o ...
Delhi
Sep-17-1990
Arbitration
Arbitration Act, 1940 - Sections 20; Code of Civil Procedure (CPC), 1908 - Order 11, Rule 2
1991(1)ARBLR185(Delhi); 43(1991)DLT34
The plaintiff M/s. Deepak Industries Limited has filed the present petition under Sections 20 and 33 of the Arbitration Act, 1940. The plaintiff also filed an application for interim relief bearing I.A. No. 1740 of 1990, praying for stay … 20 is barred by limitation; and 4. The present petition is barred under the provision's of Order Ii, Rule 2 of the Code of Civil Procedure.Point NO. 1 (8) In support of his first point counsel for
Tag this Judgment! AI Brief & AskFood Corporation of India Vs. R.M. Pathare
Mumbai
Jun-30-1993
Arbitration
Arbitration Act, 1940 - Sections 17, 20, 30 and 37(4); Bombay High Court (Original Side) Rules - Rule 787(5)
1994(2)BomCR41; (1994)96BOMLR408
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 … 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
Tag this Judgment! AI Brief & Askincomm Tele Limited (Formerly Arm Limited) Vs. Bharat Sanchar Nigam Li ...
Andhra Pradesh
Sep-09-2005
CivilArbitration
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
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 … Chief Judge, City Civil 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
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