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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)

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

Pradeep Anand Vs. I.T.C. Ltd. and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 17, 30 and 33; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2

Reported in : 2000IIIAD(Delhi)965

the meantime, the ITC had also filed an Application being OMP No. 16/95 under Section 33 of the Arbitration Act 1940 for determination of the existence and validity of the Cooperation Agreement. This Application was also dismissed as withdrawn … behalf of the ITC Limited, has challenged the very maintainability of this Appeal on the ground that under Section 39(i) of the Arbitration Act, an Appeal can be filed only from the specified Orders passed under the Act … ORDERS.K. Mahajan, J.1. The Appellant has challenged the Order dated April 23, 1999 passed by a learned Single Judge of this Court whereby further proceedings

Rayalaseema Bank Ltd. Vs. Tharigopala Pedda Narayanappa and anr.

Court : Andhra Pradesh

Subject : ArbitrationCivil

Acts : Arbitration Act, 1940 - Sections 39(1) and 39(2)

Reported in : AIR1961AP483

in AIR 1945 Mad 184 was followed. The learned Judges held that except under Section 39 of the Arbitration Act, 1940, no appeal lies against any order under the Act and to that extent the right of appeal given … enacts that theprovisions thereof are subject, inter alia, to thelegislative powers of the Governor-General-in-Council.11. This appeal arises under Section 39(1) of the Indian Arbitration Act. Section 39 is in these terms:APPEALABLE ORDERS.'(1) An appeal shall lie from the

South Asia Industries Private Ltd. Vs. S.B. Sarup Singh and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Delhi Rent Control Act, 1958 - Sections 14, 39, 39(1) and 43; Government of India Act, 1915 - Sections 13, 107, 108 and 180; Trade Marks Act, 1940 - Sections 76 and 76(1); Provincial Insolvency Act, 1920 - Sections 4(2) and 75(2); Code of Civil Procedure (CPC), 1908; Calcutta Improvement Act, 1911 - Sections 71; Arbitration Act, 1940 - Sections 39(2); Constitution of India - Article 133(1)

Reported in : AIR1965SC1442; [1965]2SCR756

of india (UOI) v. Mohindra Supply Company : [1962]3SCR497 considered the question whether section 39(2) of the India Arbitration Act, 1940, has taken away the right of appeal under the Letters Patent. Section 39(2) of the said Act reads … section 43 of the Act has that effect. The relevant provisions of the Act may now be noticed. Section 39. (1) Subject to the provisions of subsection (2), an appeal shall lie to the High Court from an order

Jayshri Ginning and Spinning (P) Ltd., (Now known as Jayshri Internati ...

Court : Mumbai

Subject : Arbitration

- 19/07/2016 ::: Downloaded on - 20/07/2016 10:52:53 ::: Bombay High Court dgm 6 appl-467-15 with nmal-1451-15.sxw The Arbitration Act, 1940 Section 39. Appealable orders.( 1) An appeal shall lie from the following orders passed under this Act and (and from

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 … time for making the Award, will amount 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 can file an appeal from an

Managing Director, the Nagarjuna Co-operative Sugars Limited Vs. T.K. ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14 and 14(1), 17, 21, 30, 35 and 39; Andhra Pradesh Arbitration (Amendment) Act, 1990; Code of Civil Procedure (CPC), 1908

Reported in : AIR1995AP365; 1995(2)ALT348

to the arbitrator for giving reasons. He submitted that by this amendment, Sections 14 and 17 of the Arbitration Act, 1940, (hereinafter referred to as 'the Central Act') have been amended and by this amendment, in Section 14 to … was in excess of the award or whether it is not in accordance with the award.18. Even u/S. 39 of the Central Act, appeal is provided to the appellate Court from the original decrees of the Court … 1. These C.M.As. and C.R.Ps. arise out of common proceedings in relation to

Bihar State Mineral Dev. Corpn. and anr. Vs. Encon Builders (i) Pvt. L ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 5, 33, 34 and 39(1); Arbitration (Amendment) Act 1996 - Sections 24(1) and 33(1)

Reported in : AIR2003SC3688; 2003(4)ALLMR(SC)736; 2003(3)ARBLR133(SC); 2003(3)BLJR1907; [2004]120CompCas54(SC); [2003(4)JCR185(SC)]; JT2003(7)SC605; 2003(6)SCALE592; (2003)7SCC418; [2004

dismissing an appeal preferred by the appellants herein purported to be in terms of Section 39(1)(i) of the Arbitration Act, 1940 ('the Act' for short), against an order dated 11.9.1995 passed by the Subordinate Judge-VI, Ranchi, allowing Arbitration (Misc.)

M.P. State Electricity Board and ors. Vs. Mangalam Petro Chemicals

Court : Madhya Pradesh

Subject : Civil

Acts : Arbitration Act, 1940 - Sections 14, 30 and 39(1)

Reported in : 2005(3)MPHT245

ORDERShantanu Kemkar, J.1. This appeal has been filed under Section 39(1)(vi) of the Arbitration Act, 1940 (hereinafter stated as 'Act') against the order dated 24-7-2001 passed in Civil Suit No. 23-B/91 by the learned

The BahreIn Petroleum Co. Ltd. Vs. P.J. Pappu and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Indian Arbitration Act, 1940 - Sections 2, 34, 39 and 39(1); Code of Civil Procedure (CPC), 1908 - Sections 15 to 20, 21 and 99; Suits Valuation Act - Sections 11

Reported in : AIR1966SC634; 1965(0)KLT1193(SC); (1966)IILLJ144SC; [1966]1SCR461

Cochin. Both defendants applied to the Cochin court for stay the suit, under s. 34 of the Indian Arbitration Act, 1940. The Cochin Court refused to stay the suit An appeal from this order to the District Court of … S s. 2(c), 34 and 39 of the Indian Arbitration Act was that by filing the appeal under Section 39 against the order of the Cochin Court refusing to stay the suit, the defendants must be deemed to … suit. An application under Section 34 lies to the judicial authority before which the suit is pending. Section 39(1) permits an appeal from an order of a Court under Section 34. Section 2(c) defines 'Court' as a