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May 05 2008

Satinderpal Singh Anand Vs. Sharanpal Balmukund Chopra

Court : Mumbai

Decided on : May-05-2008

Subject : ArbitrationProperty

Acts : Arbitration Act, 1940 - Sections 20, 30, 33 and 41; Code of Civil Procedure (CPC) - Order 22, Rules 2, 3, 4 and 9 - Order 39, Rule 11

Reported in : 2008(4)ALLMR239; 2008(5)BomCR179; (2008)110BOMLR1859; 2008(6)MhLj86

(also called hereinafter for reference 'Anand's) has preferred this Appeal No. 583/2003 against the impugned order passed in Arbitration Petition No. 155/2002 in Award No. 2 of 2002. The original respondent (called hereinafter for reference Chopra's) has … to sell to M./s. Emkay Construction Co., 3300 sq. yards which was demarcated from the rest of the property by a red boundary line in the plan annexed to the Agreement. A compound wall was thereafter constructed

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Jul 07 1999

Uniflex Cables Limited Vs. Mansingh Hanutmal Baid and Others

Court : Mumbai

Decided on : Jul-07-1999

Subject : ArbitrationProperty

Acts : Specific Relief Act, 1963 - Sections 34;Code of Civil Procedure (CPC), 1908 - Sections 11 - Order 21, Rules 97, 99 and 101 - Order 39, Rules 1 and 2

Reported in : 1999(4)BomCR485; (1999)3BOMLR158

following reliefs:(a) A declaration to the effect that defendant No. 13 who acted as an Arbitrator in the arbitration proceedings and reference before him in the matter of the disputes and differences amongst defendant Nos. 1 to … to be monthly tenants of defendant No. 4 who is said to be the sole owner of the property known as Sagar Bhavan. Defendant No. 4 is also stated to be the Chairman and Managing Director of

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Oct 27 2003

Surender Singh Bajaj Vs. Harmeet Singh Sethi and anr.

Court : Andhra Pradesh

Decided on : Oct-27-2003

Subject : ArbitrationProperty

Acts : Arbitration and Conciliation Act, 1996 - Sections 11, 11(5) and 16; Benami Transactions (Prohibition) Act

Reported in : 2004(1)ALD91; 2004(1)ALT430; 2004(1)ARBLR436(AP)

ORDERN.V. Ramana, J.1. Invoking the jurisdiction of this Court under Section 11(5) of the Arbitration and Conciliation Act, 1996 the applicant has filed this application praying for appointment of an Arbitrator for resolution … 2. In order to safeguard the interest of the applicant, an agreement acknowledging the real ownership of the property was executed by the parties on 6-2-1990 which according to the applicant reveals the real ownership of the

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Aug 02 2007

A.R.C. Overseas Private Limited Vs. Bougainvillea Multiplex and Entert ...

Court : Allahabad

Decided on : Aug-02-2007

Subject : ArbitrationProperty

Reported in : 2008(2)AWC1212

is Instituted for mandatory injunction in respect of the right of occupancy of the appellant in an immovable property as per the agreement, which owns arbitration clause. As per the Arbitration and Conciliation Act, 1996 even before … rejecting the interim injunction application on the ground that the suit is not maintainable in view of the arbitration clause arising in the purported lease agreement executed by or between the parties on 27.12.2005.3. The specific grievance

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Mar 28 2003

Sadbuddhi Brahmesh Wagh, Vs. Sheela Mahabaleshwar Wagh (Since Deceased ...

Court : Mumbai

Decided on : Mar-28-2003

Subject : ArbitrationProperty

Acts : Arbitration Act, 1940 - Sections 15 and 30; Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 - Sections 5(11), 15, 15(1), 28, 28(1) and 28(2); Limitation Act, 1963 - Schedule - Articles 106, 110 and 113; Code of Civil Procedure (CPC) - Sections 50 and 52; Bombay Rents, Hotel and Lodging House Rates Control (Aendment) Act, 1978; Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973; Provincial Small Cause Court Act, 1887; Delhi Control Act; Partnership Act, 1932 - Sections 69

Reported in : 2004(1)ARBLR79(Bom); 2003(6)BomCR787

judgment dated 15th October 1997 passed by a Single Judge in a petition under Section 30 of the Arbitration Act, 1940. The Petitioners and the Respondents are the heirs of one Shri Vinayakrao Venkatesh Wagh who died … provided by way of limitation to file a Suit for a legacy or for distributing a share in property of an interstate. The Suit has been filed in the year 1990 and, therefore, it ought to be

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Jan 05 2010

Vijay Kumar Sharma @ Manju Vs. Raghunandan Sharma @ Baburam and ors.

Court : Supreme Court of India

Decided on : Jan-05-2010

Subject : ArbitrationProperty

Acts : Arbitration and Conciliation Act, 1996 - Sections 7, 7(2), 7(3), 7(4), 8, 8(1), 8(3), 11, 11(6), 14, 14(1), 15 and 15(2); Code of Civil Procedure (CPC) - Order 7, Rule 11

Reported in : JT2010(2)SC155; 2010(1)SCALE688; (2010)2SCC486

to be the executors of the will of Durganarayan Sharma filed an application under Section 8 of the Arbitration & Conciliation Act, 1996 ('Act' for short) in the said suits alleging that the deceased Durganarayan Sharma had … appellant alleging that their father Durganarayan Sharma died on 20.10.2005 leaving a will dated 21.10.2003 bequeathing portions of property bearing No. B-133, Bapu Nagar, Jaipur (for short the suit premises) to him, and that the appellant who

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Jan 07 1977

Gobinda Lal Daga and anr. Vs. State of West Bengal and anr.

Court : Kolkata

Decided on : Jan-07-1977

Subject : ArbitrationProperty

Acts : Requisitioning and Acquisition of Immovable Property Act, 1952 - Sections 8(1) and 25; ;Defence of India Act, 1962 - Sections 29 and 30; ;Defence of India (Requisitioning and Acquisition of Immovable Property) Rules, 1962 - Rules 12 and 13; ;Arbitration Act - Section 14(2)

Reported in : AIR1977Cal182,81CWN474

of the rent compensation made by the Additional Collector as aforesaid and they prayed for a reference to arbitration under the provision of the Defence of India Act. The State of West Bengal accordingly by order dated … District and Sessions Judge, 24-Parganas as an Arbitrator for determination of compensation payable for such requisition of the property, that is, the requisition for the period from 6th October, 1965 to 9th July, 1968. As Mr. Ahmed

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Feb 08 2010

Joseph Vilangadan, S/O. Ulahannan, Vs. P.N. Writer and Co. Pvt. Ltd.

Court : Kerala

Decided on : Feb-08-2010

Subject : ArbitrationProperty

Acts : Arbitration and Conciliation Act, 1996 - Sections 7, 7(2), 7(3), 7(4), 11 and 11(6); ;Registration Act, 1908 - Sections 17 and 49; ;Transfer of Property Act, 1882 - Sections 53A, 106 and 107; ;Indian Arbitration Act, 1940; ;Specific Relief Act, 1877; ;Rent Control Act

ORDERAntony Dominic, J.1. The applicants have approached this Court invoking its jurisdiction under Section 11 of the Arbitration and Conciliation Act (hereinafter referred to as 'Act' for short) for the appointment of an Arbitrator to resolve … registrable documents in terms of Section 17 of the Registration Act and Section 107 of the Transfer of Property Act. Admittedly, the documents are not registered, and therefore, Section 49 of the Registration Act applies. According to

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Mar 18 2008

Chandra Prakash Singh Vs. the Bihar State Co-operative Marketing Union ...

Court : Jharkhand

Decided on : Mar-18-2008

Subject : ArbitrationProperty

Reported in : [2008(2)JCR448(Jhr)]

M. Karpaga Vinayagam, C.J.1. The petitioner has filed this application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking for appointment of an Arbitrator to adjudicate the dispute existing between the petitioner … hands. We are constrained to say that more often than not, process of the Court is being abused. Property-grab-bers, tax-evaders, bank load-dodgers and other unscrupulous persons from all walks of life find the Court process a convenient

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Oct 26 2006

P. Venkateswarlu Vs. Bharat Heavy Electricals Limited

Court : Andhra Pradesh

Decided on : Oct-26-2006

Subject : ArbitrationProperty

Acts : Arbitration and Conciliation Act, 1996 - Sections 11(4) and 11(5); Companies Act, 1956; Public Premises (Eviction of Unauthorized Occupation) Act, 1971

Reported in : 2007(2)ALD754

ORDERS. Ananda Reddy, J.1. By this application under Sections 11(4) and (5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to 'the Act'), the applicant seeks appointment of an Arbitrator for adjudication … residential quarters of the employees of the Respondent Company at Ramachandrapuram. Since the applicant agreed to develop the property by establishing the above structures, an agreement was entered on 25-8-1966 containing various terms. The lease was for

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