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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

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 … of 18% per annum from date of the Award till payment of realisation. (A) Arbitration Act, 1940 - Sections 20 & 37(4) - Reference to arbitration - Agreement prescribing period of limitation - Court can extend the

Sterling General Insurance Co. Ltd. Vs. Planters Airways Pvt. Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 37(4)

Reported in : AIR1975SC415; (1975)1SCC603; [1975]3SCR136; 1975(7)LC108(SC)

of a learned judge of the Calcutta High Court allowing an application filed under Section 37(4) of the Arbitration Act, 1940 (hereinafter called the Act) for extension of time to refer the matter of arbitration.2. The facts are these. … non-extension would be excessive and out of proportion to fault of respondent - High Court order proper. - Sections 115 & 47: [Markandey Katju & V.S. Sirpurkar,JJ] Revisional jurisdiction Execution of decree for permanent injunction - Obstruction

Sukumar Chand JaIn Vs. Delhi Development Authority

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 37(4)

Reported in : 1995(33)DRJ677

R.C. Lahoti, J. (1) This is a petition under Section 20 of the Arbitration Act, 1940, registered as a suit.(2) Consequent to a tender of the petitioner for certain construction work having been accepted … R.C. Lahoti, J. (1) This is a petition under Section 20 of the Arbitration Act, 1940, registered as a suit.(2) Consequent to a tender of the petitioner for … not 5.8.1992. Still by way of abundant caution an application under Section 37(4) of the Arbitration Act, 1940 has been moved by the petitioner seeking

Mp. Rural Road Dev. Authority and anr. Vs. Ms. L.G. Chaudhary Engineer ...

Court : Supreme Court of India

Subject : Constitution

Acts : Madhya Pradesh Madhyasthan Adhikaran Adhiniyam, 1983 (hereinafter, `M.P. Act') - Section 2(d), 4, 7, 8, 9, 19, 14, 16(2), 17; Arbitration and Conciliation Act, 1996 - Section 7, 9, 11, 2(4), 85; Central Act ; Arbitration Act, 1940 - Section 46, 7, 12, 36, 37, 46; Code of Civil Procedure (CPC) - Section 115; Constitution of India - Article 254

other rule made thereunder. 24. Similar provision relating to statutory arbitration was also there in Section 46 of Arbitration Act, 1940. Section 46 is set out below: 46. Application of Act to statutory arbitration - The provisions of this … Part-I of A.C. Act 1996, which is from Section 2 to Section 43, shall, except sub-section 1 of Sections 40, 41 and 43, apply to every arbitration under any other enactment for the time being in force … enacted. 3. The facts leading to the aforesaid controversy be noted first. 4. The appellant-Madhya Pradesh Rural Road Development Authority and Anr., impugning the judgment … Wyass Flovel Ltd. Vs. MPSE Board & another - Civil Appeal No. 3746 and 3747 of 2005. 14. In the case of Va Tech (supra),

Jindal Exports Ltd. Vs. Fuerst Day Lawson

Court : Delhi

Subject : ArbitrationCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 37, 44, 45, 47 and 50; ;Delhi High Court Act, 1966 - Sections 5, 5(2) and 10; ;Government of India Act, 1915 - Sections 71, 107 and 108; ;Arbitration Act, 1940 - Sections 16, 34, 39, 39(1) and 39(2); ;Motor Vehicles Act - Section 140; ;Land Acquisition Act - Section 54; ;Code of Civil Procedure (CPC) - Sections 4, 104 and 104(2) - Order 43, Rule 1; ;Succession Act - Section 299

the Subordinate Judge, First Class, Delhi declined to set aside an award passed under the provisions of the Arbitration Act, 1940. An appeal against that order was allowed by a learned Single Judge and the award was set aside. … applicable to the Delhi High Court) maintainable against an order enforcing a foreign award (within the meaning of Sections 44 and 47 of the Arbitration and Conciliation Act, 1996 and Article II of the New York Convention)? … in relation to the High Court of Delhi.5. Clause 10 and Clause 37 of the Letters Patent, as applicable to the Delhi High Court read … against an order enforcing a foreign award (within the meaning of Sections 44 and 47 of the Arbitration and Conciliation Act, 1996 and Article II

Oil and Natural Gas Corporation Ltd. Vs. Amtek Geophysical Pvt. Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 19, 20, 37, 37(3), 37(4) and 41; Arbitration and Conciliation Act, 1996 - Sections 9, 11, 16, 21, 43 and 43(2); UNCITRAL Rules - Rule 6 and 6A - Schedule - Article 19; Railways Claims Tribunal Act - Sections 18; Limitation Act, 1908 - Schedule - Article 137; Limitation (Amendment) Act, 1963 - Sections 3, 3(2) and 5 - Schedule - Article 137; Code of Civil Procedure (CPC) - Orders 32 and 33

Reported in : 115(2004)DLT624

is dismissed. Arbitration - arbitral proceedings - Sections 19, 20, 37, 37 (3), 37 (4) and 41 of Arbitration Act, 1940, Sections 9, 11, 16, 21, 43 and 43 (2) of Arbitration and Conciliation Act, 1996 and Sections 3, 3

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 … that does not mean that even an execution petition 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 in appeal may pass

Conros Steels Pvt. Ltd. Vs. Lu Qin (Hong Kong) Company Ltd. and Others

Court : Mumbai

Subject : Arbitration

under the Arbitration Act, 1940. This, according to him, is impermissible, both on authority and in principle. 6. Sections 8 and 37 of the Arbitration and Conciliation Act, 1996, read as under : “8. Power to refer … the framework in which it now stands. It is also based on precedent. The precedents are under the Arbitration Act, 1940 and under the 1996 Act. 3. It is not necessary to deal with the merits of the case … the Notice of Motion. The above appeal is filed against that order. 4. The respondent raised a preliminary objection as to the maintainability of the

Smt. Ashalata S. Lahoti Vs. M/S. Hiralal Lilladhar

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 28, 30, 33, 37 and 46; Arbitration and Conciliation Act, 1996 - Sections 2(4), 10, 14 and 34; Limitation Act, 1963 - Schedule - Articles 18 and 24; Securities Contracts (Regulation) Act, 1956 - Sections 9; Bombay Co-operative Societies Act, 1925 - Sections 54; Forward Contracts (Regulation) Act, 1952; Bombay Stock Exchange Act

Reported in : 1999(1)BomCR293; (1999)1BOMLR241; [2001]103CompCas1097(Bom); 1999(1)MhLj352

Arbitration under section 54 was a statutory arbitration and as such, section 37 of the Arbitration Act, 1940 is not applicable. The Division Bench observed … that proposition of law. Arbitration Petition No. 82 of 1997 and 83 of 1997 are filed under the Arbitration Act, 1940. (Hereinafter referred to as the 1940 Act). Arbitration Petition No. 318 of 1998 is filed under the Arbitration … The Nagar Agricultural Sale and Purchase Co-operative Society Limited, Ahmednagar, reported in 49 Bom.L.R. 425. Reference to Arbitration thereunder was made under section 54 of … Limitation Act, 1963 is applicable to contracts based on the bye-laws framed pursuant to the power conferred by section 9 of the Securities Contracts (Regulation) Act. 1956; (b) That the Award was passed beyond the time specified

Pandey and Co. Builders Pvt. Ltd. Vs. State of Bihar and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 5, 11, 11(6), 14, 15, 16, 16(2), 16(3), 17, 34, 37, 37(1), 37(2), 37(3), 41, 42 and 64; Bengal, Agra and Assam Civil Courts Act, 1857 - Sections 3; Arbitration Act, 1940 - Sections 31(4); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Tamil Nadu Buildings (Lease and Rent Control) Act, 1960; Code of Civil Procedure (CPC) ,1908 - Sections 15; Constitution of India - Articles 136 and 225

Reported in : AIR2007SC465; 2007(1)ALLMR(SC)897; 2006(4)ARBLR192(SC); 2007(1)AWC837(SC); JT2006(10)SC414; 2006(11)SCALE665; (2007)1SCC467; 2007(2)CivilLJ783(SC); 2007(1)LawHerald(SC)1752; 2006AIRSCW5871

before the High Court.8. The purport and object sought to be achieved by the 1996 Act vis--vis the Arbitration Act, 1940 (for short 'the 1940 Act') is well known. The 1996 Act makes a radical departure from the 1940 … the proceedings of the arbitral tribunal, a notice was served by Appellant purported to be in terms of Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (for short 'the 1996 Act'). The named Arbitrator … matter. A purported appeal was filed there against by Appellant under Section 37 of the 1996 Act before the High Court. By reason of the … proceedings within three months by an office order dated 20th November, 2002. 4. An objection, however, was filed by Appellant questioning the jurisdiction of the