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Marwadi Shares and Finance Pvt. Ltd. Company Vs. Kishorkumar Nagjibhai ...

Court : Gujarat

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9 - Order 7, Rule 11; Arbitration and Conciliation Act, 1996 - Sections 5, 8, 34, 42 and 142; Securities Contracts (Regulation) Act, 1956; Constitution of India - Article 227; Bombay National Exchange Regulations - Regulations 3(5)(1) and 3(5)(2)

Reported in : (2009)2GLR938

petitioners-original defendants submitted application under Order 7, Rule 11(d) of the C.P.C. read with Section 142 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') to reject the respective plaints submitting that the petitioner-original defendant … interesting question of law posed for the consideration of this Court is whether in view of bye-laws in Chapter XI of National Stock Exchange of India Limited, whether the jurisdiction of civil suit is barred or the

New India Assurance Co. Ltd. Vs. Hanjer Fibers Ltd.

Court : Gujarat

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11, 16, 16(1) and 34; Constitution of India - Article 226

Reported in : AIR2003Guj311; 2003(2)ARBLR588(Gujarat); (2003)2GLR1146

the forum of arbitration would be better for deciding such issues of facts, and also, of law.12. In Chapter IV of the Arbitration and Conciliation Act, 1996, provisions are made with regard to jurisdiction of Arbitral Tribunals. … the legality and validity of the order recorded by the learned Chief Justice under Section 11 of the Arbitration and Conciliation Act, 1996 ('the Act' for short) by invocation of the provisions of Article 226 of the Constitution of India, inter

Ark Shipping Co. Ltd. Vs. Grt Shipmanagement Pvt. Ltd.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 45 to 48 and 49; Evidence Act - Sections 65B; Bombay, Original Side Rules, 1980 - Rule 803(C)

Reported in : 2007(5)ALLMR516; 2008(1)ARBLR317(Bom); 2007(6)BomCR311

V. Mohta, J. 1. The petitioners have invoked Part II and specially Section 45 to 48 of the Arbitration and Conciliation Act, 1996, (for short, 'Arbitration Act-1996) to enforce the foreign award dated 29th August, 2005 and 9th October, 2006 made … then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a

inventa Fischer Gmbh and Co. Vs. Polygenta Technologies Ltd.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 44 and 48(1); International Cricket Council Rules; Constitution of India - Article 141

Reported in : 2005(2)ARBLR125(Bom); 2005(2)BomCR364

Dharmadhikari S.C., J. 1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 1996 Act) to challenge an award dated 21st October, 2003 passed by International Court of Arbitration … in India. The Arbitration clauses are to be found in the supply agreement and the technology agreement in Chapters 12 and 10 respectively. Clauses 12.2 and 10.2 are reproduced herein below :-'12.2 All disputes arising in connection

international Investor Kcsc Vs. Sanghi Polyesters Ltd.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 31(7), 44, 48 and 48(1); Code of Civil Procedure (CPC) - Order 21, Rule 41

Reported in : 2003(1)ALT364; [2003]43SCL271(AP)

noticed, the impugned order was passed in O.P. No. 437 of 2000 filed under Part II of the Arbitration and Conciliation Act, 1996. Chapter I of Part II of the said Act deals with the New York Convention Awards and Chapter II

Jindal Drugs Ltd., Mumbai Vs. Noy Vallesina Engineering Spa, Italy and ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(7), 34, 36, 48 and 49

Reported in : 2002(3)BomCR554; 2002(2)MhLj820

in the present petition.3. The present petition has been filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996, though, by a subsequent amendment, the petitioner had claimed that it is filing the present petition also under … the Scheme of the Arbitration Act shows that, Part I of the Arbitration Act is divided into 10 Chapters. Sections 2 to 6 are to be found in Chapter I; Sections 7 to 9 are to be

N. Jayalaxmi Vs. R. Veeraswamy and anr.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 16, 16(2) to 16(6), 18, 19, 23(1), 25, 32, 32(2) and 34; Constitution of India - Articles 226 and 227

Reported in : 2003(5)ALD776; 2003(6)ALT186; 2004(1)ARBLR31(AP); [2004]52SCL709(AP)

question regarding the power of arbitrator/arbitral tribunal to terminate proceedings in the light of Section 25 of the Arbitration and Conciliation Act, 1996 'the Arbitration Act' for brevity) falls for consideration in this writ petition.2. The chronology of events leading to … contends that under the new Arbitration Act, the arbitrator has to act in accordance with the provisions of Chapter V of the Act, which contains detailed procedure for conduct of arbitral proceedings. If a claimant fails to

Gtc Limited Vs. Royal Consulting Rv, Being a Company Registered Under ...

Court : Mumbai

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9; Arbitration and Conciliation Act, 1996 - Sections 5, 8, 10, 11, 44, 45, 54 and 55; Indian Contract Act - Sections 17 and 28; Arbitration Act, 1940 - Sections 33 and 34

Reported in : 2003(2)ALLMR608

of the contract consideringSection 9 of C.P.C. The issue involvesinterpretation of Section 8, 10 and 45 of theArbitration and Conciliation Act, 1996, read withthe other provisions of the Act of 1996.Let us therefore, examine the variousprovisions in the Act under … inoperative orincapable of being performed would direct partiesto arbitration. Section 54 of Chapter 2 of Part IIdeals with Geneva Convention awards. Under Section54 once there … deciding the issues incontroversy.On behalf of the Respondents it iscontended that the contract provides for referenceof disputes to arbitration and not for decision bythe Civil Courts. Even if the jurisdiction of thecivil court is invoked by the application

Tropic Shipping Company Limited Vs. Kothari Global Limited

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940; ;Arbitration and Conciliation Act, 1996

Reported in : 2002(2)BomCR93; (2002)3BOMLR44; 2002(2)MhLj585

decree in terms of the Award.2. Enforcement of the foreign Award is covered by Part II of the Arbitration and Conciliation Act, 1996. Chapter Ideals with the New York Convention Awards. The present Award is a New York contention Award. While applying

T.P. Daison and Another Vs. T. Varghese Jose and Others

Court : Kerala

Subject : Arbitration

The learned Judge held that an arbitrator appointed by the parties and governed by the provisions of the Arbitration and Conciliation Act 1996 is a tribunal within the meaning of Article 227 of the Constitution. 9. In Bharat Bank Ltd.v. Employees … Act declares that the tribunal is not bound by the Code of Civil Procedure and that subject to Chapter 5 of the Act the parties are free to agree on the procedure to be followed by the