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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 … 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 … Construction Ltd. reported in (1993) 1 All ER 664 and (1993) AC 384 shows that no such policy exists.'18. The learned Advocate for the petitioner

Compagnie De Saint GobaIn Vs. Fertilizer Corporation of India Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 28, 33 and 47; Foreign Awards (Recognition and Enforcement) Act, 1961 - Schedule - Articles 1 and 5; Indian Arbitration (Amendment) Act, 1941

Reported in : ILR1970Delhi927

observed that 'thescheme of arbitration contemplated by these Rules18 different from the scheme contemplated by ss. 3 to 38 of the Arbitration Act'. In these circumstances,the learned counsel submitted that application under section 33 of the Arbitration … for the suspension of the award till it was filedand made a rule of the Court under the Arbitration Act,1940. According to the petitioner's allegations, thepresent award becomes enforceable under the French law, in accordance with Article V(l)(e)

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

A.R. Shambulinga and anr. Vs. A.C. Lalitha and ors.

Court : Karnataka

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34; ;Karnataka Court Fee and Suits Valuation Act, 1958 - Sections 38 - Schedule - Article 11; Karnataka Arbitration (Proceedings before the Courts) Rules, 2001; Arbitration and Conciliation Act, 1940

Reported in : ILR2006KAR1335; 2006(3)KarLJ128

Valuation Act, 1958. Article 11(n) of the II Schedule reads hereunder:Application to set aside an award under the Arbitration Act, 1940-1) If the value of the subject matter of the award does not exceed Rs. 5000/-2) If such value … Court treated the same as Arbitration suit, pursuant to High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001. At the time of riling the petition, petitioners have paid a fixed Court fee of Rs. 100/- … whether the petitioners are required to pay Court fee either under Section 38 of the Karnataka Court fee and Suits Valuation Act, 1958 or under

M/S. S.M. Kannappa Automobiles Pvt. Ltd. Bangalore and Others Vs. Bhup ...

Court : Karnataka

Subject : Land Acquisition

Acts : Companies Act, 1956 - Section 155, 28, 9, 18, Regulations 26, 27; Arbitration Act, 1940; Code of Civil Procedure (CPC) - Order 1, Rule 10(2), Section 469; Companies (Amendment) Act, 1988 - Section 111; Indian Companies Act, 1918 - Section 38; Indian Companies Act, 1913 - Sections 38, 29, 30, 31, 34, 34(3); Constitution Of India - Articles 136, 18, 1, 16, 19; Companies Act, 1960 - Section 155

raised certain disputes regarding its transfer, the dispute was referred to an arbitrator under the provisions of the Arbitration Act, 1940. The arbitrator passed an award on 20.8.1990 in favour of the first respondent. Consequent upon the award, an … Consequent upon the award, an application was filed before the City Civil Court, Bangalore, for making the award Rule of the Court. The City Civil Court vide order dated 31.8.1990 in AC No.38/90 passed a decree in

N.V. Chowdary, E-1 Vs. Hindustan Steel Works Constructions Ltd., Visak ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 8, 14, 17, 20, 21, 30 and 31(4); Code of Civil Procedure (CPC), 1908 - Sections 37, 38 and 115

Reported in : 2001(5)ALD728; 2001(6)ALT89

application.2. The parties entered into an arbitration agreement. The decree holder initiated proceedings under Section 8 of the Arbitration Act, 1940 as regards appointment of an umpire as no consensus could be arrived at. The said application was marked … would be maintainable having regard to the provisions of Sections 37 and 38 of the Code of Civil Procedure, he would submit that this Court … shall also be filed for enforcing a decree passed in terms of a judgment making the award a rule of Court also before the said Court inasmuch as execution of a decree must be made in terms

Indian Railway Construction Co. Ltd. Vs. M/S. Guadricon Pvt. Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 41; Code of Civil Procedure (CPC), 1908 - Order 38, Rule 5

Reported in : 1994IVAD(Delhi)25; 1994(2)ARBLR332(Delhi); 55(1994)DLT694; 1994(31)DRJ397

These proceedings have arisen out of a petition under Section 41 read with Schedule II of the Indian Arbitration Act, 1940. 3. The petitioner is a public sector undertaking. The respondent is a company incorporated under the Companies Act, … 30 lakhs from the above said Akhnoor Bridge Project has been filed by the petitioner under Order 39 Rule 1-2 read with Schedule II and Section 41 of the Arbitration Act seeking a restraint order against the … The High Court of Madhya Pradesh faced with an application under Order 38 Rule 5 CPC traced the source of power for passing an order

European GraIn and Shipping, a Company Vs. Morvi Vegetable Products Lt ...

Court : Gujarat

Subject : Arbitration

Reported in : (1979)1GLR159

the commercial contract in question, the suit by the suppliers was not competent as Section 32 of the Arbitration Act, 1940 provides that no suit would li; on any ground whatsoever for a decision upon the existence, effect or … provisions may be inconsistent with the provisions contained in Sections. 3 to 38 of the Arbitration Act, 1940.8. In Society De Traction et Electricity Society … their servants and agents from enforcing the arbitration agreement.3. It appears that the learned Civil Judge granted ad-interim rule of injunction in terms as prayed for by the suppliers in their plaint in the suit. The foreign

L. Ganga Ram Vs. L. Radha Kishan

Court : Punjab and Haryana

Subject : ArbitrationConstitution

Acts : Arbitration Act, 1940 - Sections 14, 14(1), 14(2), 17, 38 and 44; Arbitration Rules - Rules 3 and 10; ;Limitation Act, 1908 - Schedule - Articles 120 and 178

Reported in : AIR1955P& H145

During the pendency of Regular Second Appeal No. 122 of 1948 Radha Kishan made application under Section 17, Arbitration Act, 1940, hereinafter referred to as the Act, for decree in accordance with the award, Exhibit P. 2. In resisting … Identical questions arose for decision in F. A. O. Nos. 33 and 38 of 1953.9. In these proceedings the correctness of the findings given by … the validity of the award were within time. In the result, the Sub-Judge has made the award the rule of the Court ordering Ganga Ram respondent to pay the costs of the proceedings.6. From the order passed

Maheshwari Brothers Ltd. Vs. National Highways Authority of India

Court : Kolkata

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 5, 9, 14(2), 36, 98 and 99; ;Code of Civil Procedure (CPC) - Sections 114 and 141 - Order 23, Rule 3 - Order 38, Rule 5 - Order 41, Rules 4, 22, 33 - Order 47, Rule 1; ;Evidence Act; ;Trade Marks Act - Section 76; ;Saurashtra Land Reforms Act - Section 63; ;Arbitration Act, 1940 - Sections 34, 39 and 41; ;Quarter Sessions Act, 1849 - Section 1; ;Betting, Gaming and Lotteries Act, 1963; ;Representation of People Act - Section 116A; ;Constitution of India - Articles 136, 215, 226 and 329; ;Companies Act 1956 - Sections 5, 8, 9, 10F, 37 and 37(2); ;Indian Contract Act - Section 28

Reported in : 2007(1)ARBLR64(Cal),(2006)3CALLT154(HC)

Counsel for NHAI, the question was whether an award based upon an oral submission can be enforced under Arbitration Act, 1940. The Court held that Section 14(2) of the Act can only be read as referring to awards based … case the question for decision was whether provision for attachment under Order 38 Rule 5 of the Code is applicable to the provisions for attachment … held that once an appeal had reached the High Court it has to be determined according to the rules of practice and procedure of that Court and in accordance with the charter under which the Court is