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Jindal Menthol and Investments Ltd. Vs. Prakash Industries Ltd.

Court : Delhi

Subject : SICAArbitration

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22; Arbitration and Conciliation Act, 1996 - Sections 9

Reported in : [2001]106CompCas473(Delhi)

Mukul Mudgul, J.1. This petition has been filed by the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996. The petitioner has prayed that interim orders be passed restraining the respondents from selling, … This was a case of lease of a property in favor of a company which was under this SICA. It was held that leasehold rights in a property cannot be said to be a property of the

Snehadeep Structures Private Limited Vs. Maharashtra Small Scale Indus ...

Court : Supreme Court of India

Subject : ArbitrationSICA

Acts : Interest on Delayed Payments to Small Scale and Ancillary Undertakings Act, 1993 - Sections 4, 6(1), 6(2), 7 and 19; Arbitration and Conciliation Act, 1996 - Sections 5, 11, 17, 31(7), 34, 34(2), 36, 37, 37(1), 37(2) and 37(3); Arbitration Act, 1940; Micro Small and Medium Enterprises Development Act, 2006 - Sections 19; Limitation Act, 1908 - Sections 5 - Schedule - Article 182 and 182(2); Industrial Tribunals (Appellate Tribunal) Act, 1950; Sick Industrial Companies (Special Provisions) Act, 1985; Defence of India Act, 1939 - Sections 19(1); Maharashtra Cooperative Societies Act; Interest on Delayed Payments to Small Scale and Ancillary Undertakings (Amendment) Act, 1998; Right to Information Act (RTI), 2005; Code of Civil Procedure (CPC) - Sections 4, 96, 109, 110 and 115; Crimin

Reported in : JT2010(1)SC70; 2010(1)SCALE108; (2010)3SCC34; 2010(2)LC688(SC)

(for short, 'SICA'). It was held that when there is a conflict between the Arbitration Act and the SICA, latter which have been made to seek to achieve a higher goal would be applicable despite non-obstante clause … order dated 25th of January, 2006 of the learned Single Judge of the same High Court dismissing an Arbitration Petition being Arbitration Petition No. 499/2003 filed by the respondents.3. The crucial question that arises for our consideration

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 … been declared as a sick company under Section 22 of the Sick Industrial Companies Act (hereinafter referred as SICA) and particularly when the scheme for revival of the company is still pending with the BIFR. 2. The

Morgan Securities and Credit Pvt. Ltd. Vs. Modi Rubber Ltd.

Court : Supreme Court of India

Subject : SICACompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 5, 8(1), 8(2), 9A(1), 9A(2), 9A(3), 34, 36, 36(2) and 36(3); Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15, 16, 17, 18, 19, 19A, 20, 20(1), 20(3), 20(4), 22(1), 22(3), 22(4), 22(5), 22A, 25 and 32; Sick Industrial Companies (Special Provisions) (Amemdment), Act, 1993; Sick Industrial Companies (Special Provisions) (Amemdment), Act, 1994; Companies Act, 1956 - Sections 433 and 529A; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Industrial Disputes Act, 1947 - Sections 10A, 18 and 25J; Constitution of India - Article 39; Arbitration Act, 1940 - Sections 34; Delhi School Education Act, 1973; Consumer Protection Act; Industrial Employment (Standing

Reported in : AIR2007SC683; 2007(2)AWC1683(SC); (2007)2CompLJ401(SC); (2007)146PLR442; 2006(14)SCALE267; 2006(4)SCALE267; [2007]73SCL219(SC); 2007(1)LC13(SC); 2007AIRSCW350; 2006(12)SCC642

in Writ Petition (Civil) No.10284 of 2005 revolves round a dispute as to whether the provisions of the Arbitration and Conciliation Act, 1996 (for short, 'the 1996 Act') would prevail over the provisions of the Sick Industrial … of restraint against the respondent company. The respondent in the meanwhile made a reference under Section 15 of SICA to the Board for Industrial and Financial Reconstruction (for short, 'the Board'). An appeal against the order of

Sundaram Finance Limited Vs. Kamaraj National Labour Organisation Rep. ...

Court : Chennai

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1) and 22

Reported in : I(2004)BC138; (2004)IILLJ25Mad; (2004)1MLJ316; [2004]51SCL149(Mad)

commit further defaults in payment of instalments, applications (A.Nos.2005 to 2010 of 2001) under Sec. 9 of the Arbitration and Conciliation Act, 1996 came to be filed before the Original Side of this Court, seeking re-possession of … company and not of the sick-mill. According to the learned counsel since the proceedings under Sec. 22 of SICA pertain only to the property belonging to the sick-mill, there would be no question of the machinery of

Pacific BasIn Handymax (Uk) Ltd. Vs. Ashapura Minechem Ltd.

Court : Mumbai

Subject : Arbitration

under Order 39 rule 11 of the Code of Civil Procedure, 1908 striking off the respondent's defence in Arbitration Petition No.24 of 2010 and to allow Arbitration Petition No. 24 of 2010 in terms of prayer clause … the respondents. On 2nd July, 2011, the respondents filed reference before the B.I.F.R. under section 15 of the SICA Act, 1985 (for short SICA Act, 1985). It is the case of the petitioners that the said reference

Pacific BasIn Handymax (Uk) Ltd. Vs. Ashapura Minechem Ltd.

Court : Mumbai

Subject : Arbitration

under Order 39 rule 11 of the Code of Civil Procedure, 1908 striking off the respondent's defence in Arbitration Petition No.24 of 2010 and to allow Arbitration Petition No. 24 of 2010 in terms of prayer clause … the respondents. On 2nd July, 2011, the respondents filed reference before the B.I.F.R. under section 15 of the SICA Act, 1985 (for short SICA Act, 1985). It is the case of the petitioners that the said reference

Mastrobuono Vs. Shearson Lehman Hutton, Inc.

Court : US Supreme Court

Subject : Arbitration

adopted by the N ASD. Instead, it apparently was compiled by members of the Securities Industry Conference on Arbitration (SICA) as a supplement to the Uniform Code of Arbitration, which the parties clearly did not adopt in paragraph

Jessop and Company Limited Vs. Larsen and Company Limited

Court : Kolkata

Subject : ArbitrationSICA

Acts : Arbitration Act, 1940 - Sections 5, 11, 12 and 33;; Sick Industrial Undertakings (Special Provisions) Act, 1985 - Sections 22 and 22(1)

Reported in : (1998)3CALLT326(HC)

Lala, J.1. This is an application of the petitioner under sections 5, 11, 12 and 33 of the Arbitration Act, 1940.2. By making this application the petitioner wanted a direction for stay of the arbitration proceedings and

M/S Jindal Financial and Investment Services Vs. Prakash Industries Li ...

Court : Delhi

Subject : ArbitrationSICA

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 22, 30(2), 32, 32(2), 33, 34(4), 35 and 36; Transfer of Property Act - Sections 53

Reported in : 2003(1)ARBLR313(Delhi); 2002(63)DRJ82

ORDERJ.D. Kapoor, J.1. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 for restraining the respondents from selling, parting with possession, transferring, alienating or in any