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Feb 10 2004

Sudarshan Chopra and ors. Vs. Company Law Board and ors.

Court : Punjab and Haryana

Decided on : Feb-10-2004

Subject : ArbitrationCompany

Acts : Constitution of India - Article 226; Arbitration and Conciliation Act, 1996 - Sections 8, 8(1), 8(2) and 16; Companies Act, 1956 - Sections 402

Reported in : 2004(2)ARBLR241(P& H); (2004)137PLR12; [2004]52SCL429(Punj& Har)

dedication and honesty of purpose. Clause 33 of the Shareholders Agreement also provided for settlement of disputes by Arbitration. It appears that the terms of the Shareholders Agreement, Annexure P4, were adopted and incorporated in the Memorandum … a learned Single Judge of this Court dated 14.3.2003 whereby the writ petition challenging the order of the Company Law Board dated 8.12.2000, copy appended as Annexure P-1 has been dismissed. The facts of the case which

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Jan 24 1995

Aktiengesellschaft Vs. Insotex (India) Limited and Another

Court : Karnataka

Decided on : Jan-24-1995

Subject : ArbitrationCompany

Acts : Arbitration Act, 1940 - Sections 34; Companies Act, 1956 - Sections 111; Code of Civil Procedure (CPC), 1908 - Sections 151

Reported in : AIR1996Kant69

Moorthy, J. 1. This appeal arises out of an order rejecting an application under S. 34 of the Arbitration Act by the Company Law Board. The first respondent in the appeal is an Indian Company by name

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Mar 14 2003

Smt. Sudershan Chopra and ors. Vs. Company Law Board, Principal Bench ...

Court : Punjab and Haryana

Decided on : Mar-14-2003

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 6, 8 and 8(1); Arbitration Act, 1940; Constitution of India - Articles 226 and 227; Companies Act, 1956 - Sections 397 and 398

Reported in : 2003(3)ARBLR14(P& H); [2004]118CompCas341(P& H); (2003)134PLR583; [2003]46SCL247(Punj& Har)

petitioners have averred that the rights of the petitioners have been affected by not relegating the parties to arbitration. It has been further averred that Section 7 of the Arbitration and Conciliation Act, 1996 (hereinafter called the … the meaning of expression 'First statement on the substance of the dispute', has wrongly been interpreted by the Company Law Board. It has been further averred that, contesting an interlocutory application, would amount to acquiescence and it

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Apr 24 2002

Smt. Sudarshan Chopra and ors. Vs. Vijay Kumar Chopra and ors.

Court : Punjab and Haryana

Decided on : Apr-24-2002

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 5, 7, 8, 11(6), 11(7), 37, 39, 54 and 57; Companies Act, 1956 - Sections 10E, 10F, 397 and 398; Constitution of India - Article 226

Reported in : [2003]117CompCas660(P& H)

on 24.08.1999, sought permission of the Company Law Board to move an application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Arbitration Act 1996') for reference (of the controversy raised by

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Jul 03 2006

i.T.C. Limited Vs. Pradeep Anand and ors.

Court : Delhi

Decided on : Jul-03-2006

Subject : ArbitrationCompany

Acts : Arbitration Act, 1940 - Sections 2, 4, 14, 14(2), 16(1), 17, 19, 20, 20(4), 30 and 33; Monopolies and Restrictive Trade Practices Act - Sections 27B, 30B, 30C, 30D, 30E, 48B and 48B(1); Securities Contracts (Regulation) Act, 1956 - Sections 13, 16, 16(1) and 23; Companies Act, 1956 - Sections 81(1), 286, 372, 373, 372(4) and 372(5); Companies (Amendment) Act, 1960; Sick Industrial Companies (Special Provision) Act, 1985; Arbitration Act, 1889 - Sections 4 and 19; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3 and 35; Contract Act, 1872; Income Tax Act, 1961 - Sections 269UC; Conciliation and Arbitration of the International Chamber of Commerce Rules - Rule 83; Companies (Central Governments) General Rules, 1956 - Rule 11C; Code of Civil Procedure (CPC) , 1908 -

Reported in : 2006(3)ARBLR67(Delhi)

as also the very legality and validity of the said Agreement.2. The Co-operation Agreement dated 11.09.1990 contains an arbitration clause in Article 12(b) providing for settlement of disputes under the Rules of Conciliation and Arbitration of the … noticed that late Shri C.L. Anand was claimant before the Arbitrator. M/s. Toshiba Anand Battery Limited (an Indian company) (for short, M/s. Toshiba Anand) went into liquidation in terms of the Orders of the Kerala High Court

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Jun 05 2007

Andritz Oy, Rep. Through Power of Attorney Agent, Mr. Siraj Ahmad Vs. ...

Court : Chennai

Decided on : Jun-05-2007

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 7, 7(1), 7(2), 7(3), 7(4), 7(5), 8, 11(6), 16, 16(1), 44 to 52, 53 and 54 - Schedule - Article 11(2) and 11(3); Companies Act, 1956 - Sections 2(35), 3, 3(1), 26, 28, 31, 36, 39, 40, 79 and 82; Transfer of Property Act; Arbitration Act, 1940 - Sections 7, 8(2) and 47(1); Contract Act, 1872 - Sections 2, 19, 19A, 20, 23 to 30, 35, 36 and 56; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 2 and 4 - Order 7, Rule 14(1); United Nations Commission on International Trade Law, 1985; United Nations Commission on International Trade Law Conciliation Rules, 1980; Arbitration of the International Chamber of Commerce Rules

Reported in : 2007(3)ARBLR545(Madras)

This is an application taken out by the first defendant in the suit, under Section 45 of the Arbitration and Conciliation Act, 1996, seeking to refer the parties to the present suit CS No. 924 of 2006, … between the parties, has arisen under the following circumstances:(a) The plaintiff, Enmas Engineering Private Limited, has an associate company by name Enmas Process Technology Limited (referred to in the abbreviated form as 'ETPL'), which is engaged in

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Sep 24 2009

Unity Realty and Developers Ltd., Under the Companies Act, 1956 Vs. Bw ...

Court : Mumbai

Decided on : Sep-24-2009

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 7 and 9; Companies Act - Sections 83, 108(3), 260 to 262, 284, 319, 330 and 391 to 394; Depository Act, 1996 - Sections 10 and 11

Reported in : 2010(1)BomCR333; 2009(111)BomLR3853

the Company under the Articles of Association.7. The Articles of Association of the company (the Articles) provides an Arbitration clause which is reproduced as under:71 Any dispute, controversy, claim or disagreement of any kind whatsoever between or

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Jan 24 1995

Aeg-aktiengesellschaft Vs. Insotex (India) Limited and Another

Court : Karnataka

Decided on : Jan-24-1995

Subject : CompanyArbitration

Acts : Companies Act, 1956 - Sections 111; Arbitration Act, 1940 - Sections 34

Reported in : [1995]83CompCas649(Kar); 1995(2)KarLJ617

Krishna Moorthy, J.1. This appeal arises out of an order rejecting an application under section 34 of the Arbitration Act by the Company Law Board. The first respondent in the appeal is an Indian company by name

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Jan 27 2005

Grid Corporation of Orissa Ltd. Vs. Aes Corporation and ors.

Court : Orissa

Decided on : Jan-27-2005

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 36 and 37; Companies Act, 1956 - Sections 617; Orissa Electricity Reforms Act, 1995; Electricity (Supply) Act, 1948 - Sections 5; Constitution of India - Article 227; Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 10 and 10(2) - Order 6, Rule 17

Reported in : [2006]134CompCas305(Orissa)

J.1. Being aggrieved by the order dated March 8, 2002, passed by the District Judge, Khurda, Bhubaneswar, in Arbitration MJC No. 522 of 2001, which was one under Section 9(ii) (d) and (e) of the Arbitration and … set at naught in the appeal itself.4. The appellant-GRID Corporation of Orissa (for short 'GRIDCO') is a Government company constituted under Section 617 of the Companies Act, 1956. It is governed under the Orissa Electricity Reforms Act,

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Nov 24 1981

Mehta Teja Singh and Co. (Agencies) and Other Vs. Globe Motors Ltd.

Court : Delhi

Decided on : Nov-24-1981

Subject : ArbitrationCompany

Acts : Indian Arbitration Act, 1940 - Sections 20 and 20(4); Companies Act, 1956 - Sections 294, 297 and 314; Limitation Act, 1963 - Schedule - Article 137

Reported in : [1983]54CompCas883(Delhi)

J.1. This case is a good example of delay in litigation. An application under s. 20 of the Arbitration Act, 1940, was made by the petitioners, Mehta Teja Singh & Co. (Agencies), and its three partners, on … Harnam Singh and his two sons were the partners. The respondent Globe Motors Limited, was a public limited company ('company'). It fell on evil days. It sustained heavy losses. It went into liquidation. The official liquidator then

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