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National Shipping Company of Saudi Arabia Vs. Sentrans Industries Limi ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Code of Civil Procedure (CPC) , 1908 - Order 38, Rule 5; Contract Act, 1872 - Sections 218

Reported in : AIR2004Bom136; 2004(1)ALLMR832; 2004(1)ARBLR409(Bom); III(2004)BC503; 2004(2)BomCR1; 2004(2)MhLj696

and in relation to, any proceedings before it.' 4. The Act of 1996 is materially different from the Arbitration Act, 1940 which has been repealed by Section 85 of the Act of 1996. Section 41 of the Arbitration Act, … grant of relief under Section 9(ii)(b) is to be exercised by the Court the principles underlying the aforesaid Sections are to be applied. It is only on adequate material being supplied by thy petitioner that the court

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

Court : Karnataka

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 … such express exclusion of appeal being provided under the provisions of Section 41 Rule 22 CPC to the Civil. Court the Court should apply the … 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,

Baby Paul Vs. Hindustan Paper Corporation Ltd. and anr.

Court : Kerala

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20 and 41

Reported in : AIR1978Ker223

41(b) can be invoked from that stage.I dismiss this civil revision petition with costs. Arbitration - agreement - Sections 20 and 41 of Arbitration Act, 1940 - contract for construction of road entered into between parties - … arisen between the parties -- this is denied by the respondents. The petitioner invoked Section 41(b) of the Arbitration Act, 1940 and the provisions in Clauses 1, 3 and 4 in the Second Schedule to that Act. The lower

M.D., Army Welfare Housing Organisation Vs. Sumangal Services Pvt. Ltd ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20, 30, 32, 33 and 41; West Bengal Municipal Act, 1932; West Bengal Municipal Act, 1993 - Sections 204, 214 and 440; T. and C. Development Planning Act, 1979; West Bengal Land Reform Act; Contract Act - Sections 23, 56, 65 and 70; Consumer Protection Act, 1986 - Sections 14; Code of Civil Procedure (CPC) - Sections 10 and 151; Arbitration and Concilation Act, 1996 - Sections 17

Reported in : AIR2004SC1344; 2003(3)ARBLR361(SC); JT2003(Suppl2)SC300; 2003(8)SCALE424; (2004)9SCC619; [2003]48SCL344(SC)

An arbitrator in a situation of this nature had no jurisdiction to pass the interim order under the Arbitration Act, 1940 in absence of any specific agreement in relation thereto. The learned arbitrator by an interim order could not … proceeding can only approach a court of law in terms of Section 41(b) of the Arbitration Act, 1940 and not otherwise. The said provision reads … as to whether the award of the learned arbitrators suffer from any legal infirmity within the meaning of Sections 30 and 33 of the Arbitration Act and no more.137. We, therefore, for the aforementioned reasons, while upholding

Gokuldas Vs. Union of India (Uoi) and anr.

Court : Kerala

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20 and 41; Code of Civil Procedure (CPC) - Sections 41

Reported in : AIR1983Ker169

in this Civil Revision. The point is : Whether a court exercising powers under Section 20 of the Arbitration Act, 1940 has power to issue an injunction by virtue of the powers it has under Section 41 of the … receipt of this order. The Civil Revision is allowed as above. No costs. Arbitration - interim injunction - Sections 20 and 41 of Arbitration Act, 1940 - whether Court exercising powers under Section 20 has power to

The Indian Aluminium Cables Limited Vs. Rajasthan State Electricity Bo ...

Court : Rajasthan

Subject : Civil

Reported in : 1992(1)WLC268; 1991WLN(UC)451

Distt. Judge, Jaipur City, Jaipur, dismissing the application filed by the plaintiff appellant, under Section 41 of the Arbitration Act, 1940 read with Order 9 Rules 1 and 2 CPC and Section 151 C.P.C. whereby the petitioner-plaintiff had prayed … S.N. Bhargava, J.1. This is an appeal under Order 43 Rule 1(r). CPC read with Section 104, CPC against the order of the Distt. Judge, Jaipur City, Jaipur, dismissing the application filed by the

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

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 … 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

Suresh Arjundas Bakhtiani Vs. Union of India and Another

Court : Mumbai

Subject : CompanyArbitration

Acts : Arbitration Act, 1940 - Sections 41

Reported in : 1991(1)BomCR26

arbitration agreement relied upon by the petitioners. The petitioner has invoked section 41 of the Arbitration Act, 1940, in support of this petition for interim … 1,00,000 issued by the Vijaya Bank, Thane, pending disposal of the petitioner's application under section 20 of the Arbitration Act, 1940, numbered as Arbitration Suit No. 2644 of 1990. The Vijaya Bank if not impleaded as a party to … 23, 1990, for Rs. 1,00,000 issued by the Vijaya Bank, Thane, pending disposal of the petitioner's application under section 20 of the Arbitration Act, 1940, numbered as Arbitration Suit No. 2644 of 1990. The Vijaya Bank if

Union of India (Uoi) Vs. Raman Iron Foundry Overruled

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 41; Transfer of Property Act - Sections 6; Indian Contract Act, 1872 - Sections 74

Reported in : AIR1974SC1265; (1974)2SCC231; [1974]3SCR556; MANU/SC/0005/1974

Delhi High Court on 17th January, 1972 under Section 41 read with the Second Schedule to the Indian Arbitration Act, 1940 praying that the status quo should be maintained and (he appellant should be restrained from recovering its claim … the General Conditions of Contract and the respondent, therefore, filed an application in the Delhi High Court under Section 20 of the Indian Arbitration Act for filing the Arbitration Agreement contained in that clause. The respondent also

Puri Construction Pvt. Ltd. Vs. State of Madhya Pradesh

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 41

Reported in : 1997IVAD(Delhi)973; 1997(2)ARBLR392(Delhi); 68(1997)DLT181; 1997(43)DRJ60

D.K. Jain, J.(1) This is respondent's (State of Madhya Pradesh) application under Section 41 of the Arbitration Act, 1940 read with Section 151 Civil Procedure Code for recalling order of reference, made on 19 May 1993 in … On further disputes, occurring from time to time, Suits No. 3729/91, 4636/92 and finally 968/92 were filed under Sections 5,8,11,12 and 20 of the Arbitration Act, 1940 for reference of disputes in each for arbitration. The last