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Bipromasz Bipron Trading Sa Vs. Bharat Electronics Limited(Bel)

Court : Supreme Court of India

Subject : Arbitration and Conciliation

Acts : Arbitration and Conciliation Act, 1996 - Sections 11(6), 3(2) ; Chief Justice of India Scheme, 1996 ; Central Excise and Salt Act, 1944 - Section 35e(3)

SURINDER SINGH NIJJAR, J.1. In this petition, under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Arbitration Act") read with paragraphs 2 and 3 of the appointment of the

Mrs. Pushpa P. Mulchandani and ors. (All Petitioners Through Constitut ...

Court : Mumbai

Subject : ArbitrationLimitation

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 34(3), 43, 82 and 85(2); Code of Civil Procedure (CPC), 1908 - Sections 24(1) and 141 - Order 1, Rule 10; Arbitration Act, 1940 - Sections 9, 14, 37(1) and 41- Order 1, Rule 8 - Rules 772 to 789; Indian Limitation Act, 1963 - Sections 2, 4 to 24, 29 and 33 - Articles 119 and 137; Constitution of India - Article 226; Indian Limitation Act, 1908 - Article 181; Income Tax Act, 1922 - Sections 26-A; Representation of People Act, 1951 - Sections 81; Motor Vehicles Act, 1939 - Sections 58 and 58(3)

Reported in : 2001(2)ARBLR284(Bom); 2001(1)BomCR592; (2001)1BOMLR169; 2000(4)MhLj819

the power of the Court with regard to condonation of delay which was considerably whittled down under the Arbitration and Conciliation Act, 1996 ('1996 Act').3. Mr. Bulchandani, learned counsel for the review petitioners, contends that Section 141 of the Civil Procedure

Union of India (Uoi) Acting Through Deputy Chief Engineer (Constructio ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 33, 34(3) and 54; Constitution of India - Articles 226 and 227; Limitation Act; Code of Civil Procedure (CPC) - Sections 151 - Order 6, Rule 17

Reported in : 2010(1)MhLj615

prevented by sufficient cause in not filing application within limitation prescribed under Sub-section 3 of Section 34 of Arbitration and Conciliation Act, 1996. Learned senior counsel has further invited my attention to page 63 of the compilation and submitted that the

Ganjam Trading Co. Pvt. Ltd. Vs. Panther Investrade Ltd. and anr.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 3, 3(2), 8, 9A and 9B; Arbitration Act, 1940- Sections 9A(1)

Reported in : 2003(1)BomCR330; [2004]119CompCas766(Bom)

Thakkar, learned senior counsel for the inter-vener. Intervention application is allowed.2. The petition under Section 9 of the Arbitration and Conciliation Act, 1996, is moved by Ganjam Trading Co. Pvt. Ltd, the petitioner abovenamed, seeking, inter alia, a direction to the … of cases by the special court.10. The persons liable to be tried under this Act are notified persons. Section 3 of the Special Courts Act provides for notifying a person for trial under the Act. Sections 3(1) and

Milkfood Ltd. Vs. Gmc Ice Cream (P) Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 2(2), 2(7), 3, 8(1), 8(2), 10, 11, 12, 17, 20, 20(1), 20(4), 30, 32, 33, 34, 37, 37(3), 37(5), 39, 39(2) and 48; Constitution of India - Article 136; Arbitration and Conciliation Act, 1996 - Sections 3, 8, 17, 21, 22, 23(3), 24(1), 25, 26, 29, 31, 43, 43(1), 43(2), 47, 48, 49, 85, 85(1) and 85(2); ;Limitation Act, 1980 - Sections 34(3); Limitation Act, 1908; Limitation Act, 1963 - Sections 14; UNCITRAL Arbitration Rules - Article 3; Arbitration (Protocol) and Convention Act, 1937; General Clauses Act - Sections 6; Interest Act, 1978

Reported in : 2004(5)ALLMR(SC)624; 2004(1)ARBLR613(SC); [2004]121CompCas581(SC); (2004)3CompLJ16(SC); 2004(4)CTC479; 110(2004)DLT778(SC); 2004(75)DRJ512; JT2004(4)SC393; (2004)3MLJ87(SC)

S.B. SINHA, J : Interpretation of certain provisions of the Arbitration Act, 1940 and the Arbitration and Conciliation Act, 1996 (for short '1940 Act' and '1996 Act' respectively) is in question in these appeals which arise out of … the Arbitration Act, 1940 is not exhaustive. The expression "shall be deemed to be commenced" indicates that the sub-section (3) deals with two modes of notional or fictional commencement as distinguished from factual commencement. It is, thus, possible

Smt. Saroj Bala Vs. Rajive Stock Brokers Ltd. and anr.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 30, 31(3) and 34; Limitation Act

Reported in : 2005(3)ARBLR162(Delhi); 118(2005)DLT472; 2005(81)DRJ143

has not, however, assailed the award or appeared to contest the present application under Section 34 of the Arbitration and Conciliation Act, 1996. Consequently, the award, in so far as it rejects the claim made by the respondent has attained finality. … against the petitioner's claim for a sum of Rs.24,30,794/-, the respondent company made a counter claim of Rs. 3,33,691/-. By his award dated 25.02.2002, the arbitrator has rejected both the claims. While the petitioner's claim has been

Union of India (Uoi) and ors. Vs. Girdhari Lal and Etc.

Court : Rajasthan

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 3 and 115; Arbitration and Concilication Act, 1996 - Sections 11(4), 11(5) and 11(6)

Reported in : AIR1998Raj240; 1998(3)WLC76; 1998(1)WLN216

'authority' to deal with the request for taking necessary measures under subsection (6) of Section 11 of the Arbitration and Conciliation Act, 1996, is subordinate to the High Court within the meaning of Section 3 of the Code of Civil Procedure

Bindiya Ajay Chawla Vs. Citifinancial Consumer Finance.

Court : Mumbai

Subject : Arbitration and Conciliation

Acts : Arbitration and Conciliation Act, 1996 - Section 3, 34; General Clauses Act - Section 27

before passing the Award, for want of service/delivery of the notices/communication as contemplated under Section 3 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act). 2. The relevant paragraph of the Award is as under : "I entered

The State of Maharashtra and ors. Vs. M/S. Ark Builders Pvt. Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 34(3)

1. Leave granted.2. Whether the period of limitation for making an application under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter `the Act') for setting aside an arbitral award is to be reckoned from the date a copy … 1. Leave granted.2. Whether the period of limitation for making an application under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter `the Act') for setting aside an arbitral award is to

Gulbarga University Vs. Mallikarjun S. Kodagali and anr.

Court : Supreme Court of India

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 3, 5, 14 and 29(2); Arbitration and Conciliation Act, 1996 - Sections 34, 34(2), 34(3) and 43; Code of Civil Procedure (CPC) - Sections 47; Code of Criminal Procedure (CrPC)

Reported in : 2008(3)ARBLR232(SC); 2008(3)AWC2952(SC); (SCSuppl)2008(4)CHN63; 2008(4)CTC531; 2008(6)KarLJ701; (2008)8MLJ249(SC); 2008(11)SCALE79; 2008AIRSCW6389; 2008(5)LH(SC)3580

question is whether Section 14 of the Limitation Act has been excluded by this special enactment i.e. the Arbitration and Conciliation Act, 1996. Section 43 of the Arbitration and Conciliation Act, 1996 clearly says that the Limitation Act, 1963 shall apply to … in prosecuting the remedy bona fidely in that court can be excluded or not. As per the provision, Sub-section (3) of Section 34 which prescribes the period of limitation (3 months) for moving the application for setting aside