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Airport Authority of India, National Airports Division and the Airport ...

Court : Mumbai

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 8, 8(2), 14, 14(2), 16(1), 20(4), 30, 32, 33, 39, 39(1), 39(6), 41 and 47; Limitation Act, 1963 - Schedule - Articles 119 and 137; Limitation Act, 1908 - Schedule - Article 178; Arbitration Rules; Code of Civil Procedure (CPC) , 1908 - Order 22

Reported in : 2009(111)BomLR3489

B.P. Dharmadhikari, J.1. In this Appeal under Section 39 of the Arbitration Act, 1940; the Employer challenges the order dated 18/1/2006 passed by Civil Judge, Senior Division, Vasco-da-Gama in Special Civil Suit … agreement dated 30/9/1993 between them. Basic finding by said Court is that Award filed before it for making rule of court was not a suo motu act of arbitrator and it upheld the objection of contractor/ present

Edakkavil Karimbuvalappil Abdulkhader Haji Vs. Thalakkal Kunhammad and ...

Court : Kerala

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20, 28 and 39; Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 10 - Order 22, Rule 3

Reported in : AIR1986Ker3

(1) Whether the dismissal by court of an original petition by the Arbitrator under Section 28 of the Arbitration Act, 1940 to enlarge the time for making the Award, will amount to 'superseding an arbitration' and whether an appeal … to 'superseding an arbitration' and whether an appeal will lie under Section 39 of the Act from the order of dismissal; (2) whether the Arbitrator … the High Court of Madras has held is that an appeal will lie under the Letters Patent (Madras) Rules and not an appeal under the provisions of the Arb. Act. In Bhaiyalal v. Sawai Singhai Pannalal AIR

Renusagar Power Company Vs. General Electric Company

Court : Mumbai

Subject : ContractArbitration

Acts : Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3, 5, 6, 6(2), 7, 7(1) and 8(1); Interest Act, 1978 - Sections 3 and 4; Arbitration Act, 1940 - Sections 34 and 35; Bombay High Court (Original Sode) Rules, 1980 - Rule 801; Code of Civil Procedure (CPC) , 1908 - Sections 9, 16, 17, 21, 30 and 120

Reported in : 1990(1)BomCR561; (1990)92BOMLR70

the decree is in excess of or not in accordance with the award.36. The provisions of the Indian Arbitration Act, 1940 which apply to arbitrations within the country are very different. Under section 14 of the Arbitration Act, when … appeal lies from this finding regarding enforceability. Dr. Singhvi relies upon section 39 of the Arbitration Act which prescribes an appeal from an order setting … under which he has held a foreign award dated 16th September, 1986 made in Paris under the arbitration rules of the International Chamber of Commerce as enforceable under the Foreign Awards (Recognition and Enforcement) Act, 1961. He

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 … 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 … maintenance of National Highway No. 2 between Barwa Adda to Panagarh (Km. 398.750 to Km. 512.00) on the basis of a composite contract. The said

The Registrar, University of Pune Vs. Kelkar and Kelkar

Court : Mumbai

Subject : ArbitrationLimitation

Reported in : (1989)91BOMLR62; 1989MhLJ431

an application is duly made under Section 15, 16 or 30, as the case may be, of the Arbitration Act, 1940. There is no such mention in the notice served on the petitioner. The form is more or less … was to file an appeal as provided in Sub-section 6 of Section 39 of the Arbitration Act and not a Writ petition under Article 227 … that the notice served on the petitioner was in conformity with the form prescribed under the High Court Rules and, therefore, no fault can be found with the notice by contending that it should have contained more

Rashtriya Ispat Nigam Limited and anr. Vs. Verma Transport Company

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 20, 21 and 34; Arbitration Rules; Code of Civil Procedure (CPC) - Sections 94 and 151 - Order 39, Rules 1 and 2; ;Arbitration and Conciliation Act, 1996 - Sections 2, 7, 8, 8(1), 8(3), 16, 42, 45 and 54; ;Arbitration (Protocol and Convention) Act, 1937 - Sections 3; ;Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3

Reported in : AIR2006SC2800; 2006(3)ARBLR210(SC); 2006(4)AWC4011(SC); JT2006(7)SC404; 2006(7)SCALE565; (2006)7SCC275; 2006(2)LC1118(SC)

take into consideration that:(1) Section 8 of the 1996 Act cannot be equated with Section 34 of the Arbitration Act, 1940, (for short, 'the 1940 Act) having been made in terms of UNCITRAL Model Rules and having undergone a … Division by an order dated 03.10.2002, holding:The applicants/defendants have already filed a reply to application under Order 39 Rules 1 and 2 read with Section 151 CPC and sought 15 days time to file written statement clearly

Syed Zakir Ali S/O Jawar Ali Vs. Syed Zahid Ali S/O Jawar Ali

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14(2), 15, 16, 17, 30, 35 and 39(1); Evidence Act - Sections 3; Trade Mark Act; Representation of People Act - Sections 123; Code of Civil Procedure (CPC) - Sections 115 - Order 12, Rule 6 - Order 19, Rules 1 and 2 - Order 23, Rule 3

Reported in : 2007(5)ALLMR17; 2007(3)ARBLR321(Bom); 2007(4)BomCR500

pending for admission since 2001. 2. This Appeal is under Section 17 read with Section 39(1)(vi) of the Arbitration Act, 1940, and challenges the judgment and decree dated 11.12.2000 delivered by the Civil Judge, Senior Division, Gondia, in Arbitration … awards. He states that it is in fact a consent decree by which the awards have been made Rule of Court and therefore according to him the Appeal is not maintainable. He also invites attention to the

Municipal Corporation of Delhi and ors. Vs. Intnl. Security and Intell ...

Court : Supreme Court of India

Subject : ArbitrationContract

Acts : Arbitration Act, 1940 - Sections 8, 14, 30, 33, 39, 39(1), 39(4) and 41; Limitation Act - Sections 5; Code of Civil Procedure (CPC) , 1908 - Sections 47 - Order 41, Rule 22 and 22(1); Hyderabad Jagirdars Debt Settlement Act, 1952 - Sections 47 to 49; Representation of the People Act, 1951 - Sections 98, 99 and 116A; Bengal Money-Lenders Act, 1940 - Sections 38; Provincial Insolvency Act, 1907 - Sections 46 and 47

Reported in : AIR2003SC1515; 2003(2)ALLMR(SC)333; 2003(1)ARBLR432(SC); 102(2003)DLT922(SC); JT2003(2)SC103; 2003(1)SCALE771; (2004)3SCC250; [2003]1SCR951; 2003(1)UJ562(SC)

arising between them and referable to the contract determined by reference to arbitration under the provisions of the Arbitration Act, 1940, hereinafter 'the Act', for short.It appears that originally when the agreement was entered into between the parties the … the purview of clauses (i) to (vi) of sub- Section(1) of Section 39 of the Act and, therefore, the appeal was not maintainable and was … reasoned award. The respondents filed an application under Section 14 of the Act for making the award a rule of the Court. On 26.5.1997, objections were filed by the appellants seeking setting aside of the award. Though

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 … reported in : AIR1996Cal67 . He has particularly referred to paras 38, 39, 40, 47, 49 and 53, Mr. Bachawat has also referred to 2 … 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

itc Ltd. Vs. Pradeep Anand and ors.

Court : Delhi

Subject : Arbitration

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 & 2; Arbitration Act, 1940 - Sections 14 and 28; Foreign Awards Act, 1961

Reported in : 1999IVAD(Delhi)240; 80(1999)DLT82

read with Section 151 of the Code of Civil Procedure and read with Section 41(b) of the Indian Arbitration Act, 1940 (for short 'the Arbitration Act'). By this application the petitioner seeks interim order of stay of any further … agreement through application for stay under Rule 1 and 2 of Order 39 and Section 151 of the Civil Procedure Code, 1908, and under Section … ORDERA.K. Srivastava, J.1. This application has been moved on behalf of ITC Ltd. under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure and read with Section 41(b)