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May 30 2008

Shyam Telecom Ltd. Vs. A.R.M. Ltd.

Court : Delhi

Decided on : May-30-2008

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 … as they related to orders passed in arbitration proceedings, were held to be subject to the provisions of Sections 39 (1) and (2) of the Arbitration Act, as the same is a self-contained code relating to arbitration....22. Thus

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Jul 18 2009

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

Court : Mumbai

Decided on : Jul-18-2009

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 … ground and cannot be adjudicated upon on merits.13. It would be appropriate to reproduce the relevant provisions here. Sections 39 & 41 of Arbitration Act, 1940 which read: Section 39. Appeallable orders-(1) An appeal shall lie from the

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Apr 23 2001

Hindustan Steel Works Construction Limited, Visakhapatnam Vs. N.V. Cho ...

Court : Andhra Pradesh

Decided on : Apr-23-2001

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 17, 30 and 39(2); Specific Relief Act, 1963 - Sections 6

Reported in : 2001(3)ALD621; 2001(4)ALT558

No.2 of 1997 was filed by the respondent-contractor before this Court under Sections 14 and 17 of the Arbitration Act, 1940 seeking to make the award passed by the Arbitrator dated 24-6-1997 as Rule of the Court and to … by the learned single Judge lies to the Division Bench. According to the learned senior Counsel, under Section 39(1) of the Act, six categories of orders are enumerated which are appealable. However, as the present impugned order

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Oct 12 1989

Renusagar Power Company Vs. General Electric Company

Court : Mumbai

Decided on : Oct-12-1989

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

Act (Act XLV of 1961), Sections 6, 5, 3, 7(1)(b)(ii), 7(1)(a)(v), 11, 8(1)(a) - Arbitration Act(Act X of 1940), Sections 39, 17, 34, 35--Letters Patent, Clause l5--Civil Proccudure Code (Act V of 1908), Sections 2(2), 2(9), 2(14), 21, 33, … 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

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Apr 01 2002

Union of India (Uoi) and ors. Vs. Aradhana Trading Co. and ors.

Court : Supreme Court of India

Decided on : Apr-01-2002

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100 and 104 - Order 9, Rule 13 - Order 43; Arbitration Act, 1940 - Sections 14(2), 17, 28, 30, 39, 39(1), (2), 41 and 76(1); Trade Marks Act - Sections 76; Limitation Act - Sections 5; Specific Relief Act - Sections 6 and 6(3); Government of India Act - Sections 108

Reported in : AIR2002SC1626; 2002(1)ARBLR691(SC); JT2002(3)SC442; (2002)2PLR225; 2002(3)SCALE248; (2002)4SCC447; [2002]2SCR847

had also been moved by the appellant to issue notice to the Arbitrator, under Section 14(2) of the Arbitration Act 1940, for filing of the award in the Asansol Court.2. It appears that the appellant, namely the Union of … District Courts of Asansol had also been moved by the appellant to issue notice to the Arbitrator, under Section 14(2) of the Arbitration Act 1940, for filing of the award in the Asansol Court.2. It appears that … the order of the Single Judge dated 23.4.1998 rejecting the application. Section 39 of the Arbitration Act enumerates the orders against which alone an appeal

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Jan 16 2006

Akash Gupta Vs. Frankfinn Institute of Air Hostess Training and anr.

Court : Delhi

Decided on : Jan-16-2006

Subject : Civil

Acts : Delhi High Court Act, 1966 - Sections 7 and 10; Code of Civil Procedure (CPC) - Sections 52, 73, 104, 122 and 129 - Order 5, Rules 17, 19, 19A and 30 - Order 6, Rule 5 - Order 7, Rule 17 - Order 13, Rule 9 - Order 16 - Order 21, Rules 7, 11(3), 14, 17, 24, 25, 34, 50(2), 66 and 67 - Order 22 - Order 27, Rule 7 - Order 30, Rules 1 and 2 - Order 33, Rule 9 - Order 43, Rule 1; Arbitration Act, 1940 - Sections 37 and 39; Arbitration and Conciliation Act, 1996 - Sections 11(6); Delhi High Court (Original Side) Rules, 1967 - Rules 3, 4 and 19

Reported in : AIR2006Delhi325; 127(2006)DLT188; 2006(88)DRJ31

also specifically provide and regulate the right to file appeal. Under Section 39 of the Arbitration Act, 1940 right to appeal is confined to certain … the case of the East India Hotel Ltd. and Vidyawati Construction Company (Supra) all relate to cases under Arbitration Act, 1940 or Arbitration and Conciliation Act, 1996. Both these Arbitration Acts are comprehensive enactments relating to Arbitration and also … the Rules have been made under Section 7 of the Act. The said rules have been framed under Sections 122 and 129 of the Code and under Rule 19 of Chapter-I of the Rules. Original Side proceedings

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Nov 08 2006

Syko Bag Industries, Proprietor, Mr. T.K. Yahoo and Mrs. K. Zubaida Vs ...

Court : Karnataka

Decided on : Nov-08-2006

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 5, 14(1), 19, 28, 34, 35, 36, 37(1) and 37(2); Consumer Protection Act, 1986 - Sections 12, 13, 18 and 22; Arbitration Act, 1940 - Sections 39, 39(1) and 41; Hyderabad Jagirdar Debt Settlement Act - Sections 47 to 49; Karnataka Civil Courts Act, 1964 - Sections 14; Code of Civil Procedure (CPC) , 1908 - Sections 4, 4(1), 16, 41, 96, 100 and 115 - Order 1, Rule 8 - Order 41, Rules 22, 22(1) and 22(4); Consumer Protection Rules - Rule 14; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 26 and 195

Reported in : 2007(4)ARBLR452(Kar); ILR2007KAR2673; 2007(5)KarLJ229

similar question arose in MFA10961/06 to contend that the Apex Court has dealt with similar provisions under the Arbitration Act, 1940 in the case of Shyam Sunder Agarwal v. Union of India reported in : [1996]1SCR245 the relevant portion … application before the High Court against, an appellate order passed under Section 39 of the Arbitration Act is maintainable. There is no express provision in … of the Act in so far as they can be ascertained and examined the various provisions of Section Sections 12, 13, 18, 22 of the Consumer Protection Act, 1986 and Rule 14 of the 'Rules of 1987,

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May 07 2004

State of Orissa Vs. Orient Paper Mills

Court : Orissa

Decided on : May-07-2004

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30 and 39; Evidence Act, 1872 - Sections 57

Reported in : 97(2004)CLT825

M.M. Das, J.1. This is an appeal by the State of Orissa under Section 39 of the Arbitration Act, 1940 (hereinafter referred to as the 'Act') against the judgment and order dated 14.10.1999 passed by the Civil Judge … Mr. Misra, learned Standing Counsel on behalf of the State submitted that the jurisdiction of a Court under Sections 30 and 33 of the Act is limited and the learned trial Court had no jurisdiction to pass

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Aug 21 2003

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

Court : Supreme Court of India

Decided on : Aug-21-2003

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.) … 176 of 1995 (R) 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

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Jul 01 1996

The East India Hotels Ltd. Vs. Jyoti (P) Ltd.

Court : Delhi

Decided on : Jul-01-1996

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 39 and 41

Reported in : 1996IIIAD(Delhi)242; 1996(38)DRJ73

appeal submitting that the impugned order has been passed by the learned single Judge exercising jurisdiction under the Arbitration Act, 1940 and the impugned order is not of a nature contemplated by sub section (1) of Section 39 of … Clause (b) of Section 41. The source of power cannot be traced to Clause (a)';Arbitration Act 1940 - Sections 39 and 41--Section 10--Delhi High Court Act 1958--Order of injunction or appointing receiver made by arbitration court--Not appealable-Order of

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