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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 … and reject the objection - petition in that regard will not be maintainable. (ii) Termination of proceedings - Sections 25 and 32 of Arbitration and Conciliation Act, 1996 - arbitrator suo moto granted 21 days time to file

Senbo Engineering Limited Vs. State of Bihar and ors.

Court : Patna

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 25

of the relevant provisions of the contract. It, therefore, moved the Chief Justice under Section 11(6) of the Arbitration and Conciliation Act, 1996 making a request for appointment of an arbitrator on the plea that the nomination made by the State … was made in breach of the relevant provisions of the contract. It, therefore, moved the Chief Justice under Section 11(6) of the Arbitration and Conciliation Act, 1996 making a request for appointment of an arbitrator on the … arbitrator had terminated it in regard to the petitioner's claim under Section 25(a) of the Act for its failure to file the statement of claim

Dilnawaz Kohinoory and ors. Vs. Boman Kohinoor and ors.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 5, 11, 19, 23(1), 25 and 32; Constitution of India - Article 226; Code of Civil Procedure (CPC), 1908 - Order 9, Rule 9

Reported in : 2002(1)ALLMR1019; 2002(3)BomCR316; 2002(1)MhLj549

the Associate of this Court, be given to the parties.7. Application dismissed. Arbitration and Conciliation Act, 1996 - Sections 11 and 25 - Reference to Arbitration - Similar reference was made under Section 11-Those proceedings were closed … 1. By the present Application, the petitioners have applied in terms of Section 11 of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator in order to decide the disputes that have arisen amongst the petitioners and the

Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16 and 18; Companies Act, 1956 - Sections 82; Arbitration and Conciliation Act, 1996 - Sections 6, 6.1, 9, 11, 17, 18, 19 to 24, 25 and 36; Indian Contract Act, 1872 - Sections 27, 32, 39 and 56; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 16, 21, 23, 41, 41(1) and 42; Arbitration Act, 1940 - Sections 18, 20 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 148A - Order 38, Rule 5 - Order 39; LCIA Rules; Constitution of India - Articles 16 and 226

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

application filed by Guardian shows that it has been captioned as an application under Section 9 of the Arbitration and Conciliation Act, 1996. The arbitration clause which has been referred and reproduced in para 9 of the petition is clause 26 … as the courts in this country are concerned, they must look primarily to the law as embodied in Sections 32 and 56 of the Indian Contract Act, 1872.We hold, thereforee, that the doctrine of frustration is really … dividend be declared.30. Guardian replied to this communication by a letter dated 25th September, 2006 baldly disagreeing to MRL's submissions and again stated thus:.We have

Vipul Agarwal Vs. Atul Kanodia and Co.

Court : Allahabad

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 12, 12(3), 13, 13(5), 16, 25, 31, 31(7), 34, 34(2), 34(3), 37 and 37(2)

Reported in : AIR2003All280; 2003(3)ARBLR242(All); 2003(3)AWC1897

the order passed by the District Judge, Kanpur Nagar, dismissing the objections preferred under Section 34 of the Arbitration and Conciliation Act, 1996, against the award dated 17.11.1997, the objector appellant has now come up in appeal before this Court, seeking … Act, 1996. 22. Before proceeding further, it will be useful to refer to the relevant provisions contained in Sections 12, 13, 16, 25 and 34 of the Act : '12. Grounds for challenge.--(1) ............................................... (2) ......................................... (3)

M/S. Anuptech Equipments Private Ltd. Vs. M/S. Ganpati Co-op. Housing ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 4, 5, 7, 8, 9, 10, 11, 12(3), 13, 14, 15, 16, 19, 23, 24, 25, 27, 29, 30, 31, 32(2), 33, 34, 35, 36, 37, 42 and 43(4); Arbitration Act, 1940 - Sections 17; Code of Civil Procedure (CPC), 1908 - Sections 151; Limitation Act, 1963; Industrial Disputes Act, 1947 - Sections 10-A; Constitution of India - Articles 136, 226 and 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 151

Reported in : AIR1999Bom219; 1999(3)ALLMR580; 1999(2)BomCR331; 1999(2)MhLj161

Court is sought to be invoked under sections 12(3)(b), 13, 14, 15, 24 and other provisions of the Arbitration and Conciliation Act, 1996 as can be seen from the cause title of the petition. The reliefs, as prayed for amongst others, … matter is 'what is the remedy available to an aggrieved party if Arbitral Proceedings are terminated under section 25(a) or under section 32(2) of the Arbitration & Conciliation Act, 1996.The Arbitration & Conciliation Act, 1996 will hereinafter

Indian Oil Corporation Ltd. Vs. Atv Projects India Ltd. and anr.

Court : Delhi

Subject : Arbitration

Acts : Constitution of India - Articles 226 and 227; Arbitration and Conciliation Act, 1996 - Sections 5, 11, 16, 16(2), 16(3), 16(5), 16(6), 23, 23(1), 25, 31(8), 32, 32(2), 32(3), 33, 34, 34(4), 37(2) and 38; Arbitration Act - Sections 16

Reported in : 2004(2)ARBLR432(Delhi); [2005]124CompCas45(Delhi); 112(2004)DLT701; 2004(75)DRJ630

had arisen between the IOCL and ATV and the latter filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') for appointment of an arbitrator for adjudicating the said disputes. On … order dated 12.03.2003 may only be construed as an order terminating the proceedings under the powers conferred by Sections 25(a) read with Section 32(2)(c) of the said Act. Sub-section (3) of Section 32 stipulates that subject to

itc Hotels Limited Vs. Amitabh Bachchan Corporation Ltd.

Court : Delhi

Subject : ArbitrationSICA

Acts : Arbitration and Conciliation Act, 1996 - Sections 11; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16, 17, 18, 21 and 22; Companies Act, 1956 - Sections 25

Reported in : 2001IIIAD(Delhi)434; 91(2001)DLT58; 2001(58)DRJ250; 2001(3)RAJ143

The sole question to be determined in this application is whether the proceedings under Section 11 of the Arbitration and Conciliation Act 1996 (hereinafter referred as Act of 1996) can be stayed on account of the respondent's having been declared as … ORDERJ.D. Kapoor, J. 1. The sole question to be determined in this application is whether the proceedings under Section 11 of the Arbitration and Conciliation Act 1996 (hereinafter referred as Act of 1996) can be stayed on … a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending then, notwithstanding anything contained in

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 … Arbitrators. 11. The Arbitration & Conciliation Act, 1996 came into being w.e.f. 25th January 1996, by which date orders referring dispute between the parties already … in that view of the matter the 1940 Act shall be applicable in the instant case. Referring to Sections 21 and 85 of the 1996 Act, Mr. Salve would urge that there are well-known expressions in the

Visa International Ltd. Vs. Continental Resources (Usa) Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7, 11, 11(2), 11(5), 11(6), 11(9), 19, 20(1), 20(2), 23, 24, 25, 26, 27, 30, 61, 62, 67 and 73; Arbitration and Conciliation Rules; Code of Civil Procedure (CPC)

Reported in : AIR2009SC1366; 2008(4)ARBLR539(SC); 2009(4)AWC3896(SC); 2009BusLR89(SC); 2008(15)SCALE497; (2009)2SCC55; 2009(1)LC331(SC):2009AIRSCW791

B. Sudershan Reddy, J.1. This application under Sub-section (5) and (9) of Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') has been filed with a prayer to appoint an Arbitrator in terms of Clause … place of arbitration;5. The substance of the dispute is to be determined in accordance with the provisions of Sections 19, 23, 24, 25, 26, 27 and other provisions of the Arbitration and Conciliation Act, 1996.35. The arbitration