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Marina World Shipping Corporation Ltd. Vs. Jindal Exports (P) Limited

Court : Delhi

Subject : CompanyArbitration

Acts : Companies Act, 1956 - Sections 433 and 434; Arbitration and Conciliation Act, 1996 - Sections 44, 45, 46, 47, 48 and 49; Indian Arbitration Act; English Arbitration Act

Reported in : (2004)2CompLJ50(Del); [2004]54SCL312(Delhi)

Mukundakam Sharma, J.1. The present winding up petition is filed by the petitioner against the respondent company contending, inter alia, that the respondent is indebted to the petitioner in view of the foreign award passed … alia, that the respondent is indebted to the petitioner in view of the foreign award passed in the arbitration proceeding between the parties, and that the respondent has failed and neglected to pay the said debt in

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

Court : Karnataka

Subject : CompanyArbitration

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

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

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 Insotex (India) Ltd. 2.

Haryana Telecom Limited Vs. Sterlite Industries (India) Ltd.

Court : Punjab and Haryana

Subject : Company Arbitration

Acts : Companies Act, 1956 - Sections 9, 397, 398, 433, 434, 439, 446(2) and 483; Arbitration and Conciliation Act, 1996 - Sections 8

Reported in : [1999]97CompCas675(P& H); (1999)122PLR116

(hereinafter referred to as 'the 1956 Act'), against the order dated January 22, 1998, passed by the learned company judge dismissing Company Application No. 46 of 1998 filed by the appellant under section 8 of the Arbitration

The Karnataka Bank Limited, by Its Secretary, P. Ramachandra Rao Vs. T ...

Court : Chennai

Subject : CompanyArbitration

Reported in : AIR1944Mad95; (1943)2MLJ489

J.1. The only question in this appeal is whether under the provisions of the Indian Companies Act, a company can refer any dispute between it and another person to arbitration only in accordance with the provisions of

S.M. Enterprises Pvt. Ltd. Vs. Sanpaolo Hambro Nicco Finance Ltd.

Court : Kolkata

Subject : CompanyArbitration

Acts : Companies Act, 1956 - Sections 433, 434 and 439; ;Arbitration Act, 1940 - Section 34

Reported in : (1997)2CALLT60(HC),[1999]96CompCas691(Cal)

particularly stated in an agreement of lease dated October 28, 1992, the petitioner granted a lease to the company of 864 C. T. C. Segment Rings (hereinafter referred to as the 'said equipment').4. The company acknowledged its … for winding up for non-payment and the other is an application for stay under Section 34 of the Arbitration Act, 1940.2. The main question that arises for determination in the application is whether Section 34 of the

Union of India (Uoi) Vs. P.C. Ray and Co. (India) (P.) Ltd.

Court : Kolkata

Subject : CompanyArbitration

Acts : Companies Act, 1956 - Section 446, 446(1), 446(2) and 446(3); ;Arbitration Act, 1940 - Sections 5, 31 and 31(4)

Reported in : [1989]65CompCas625(Cal)

between the parties. All the five references were private references and were as follows:1. In 1961, the respondent company as the claimant made the first reference against the Union of India for recovery of Rs. 2,08,12,135 and … Bonnerjea, J.1. The parties to these proceedings had entered into a contract on August 31, 1951, containing an arbitration Clause for adjudication of disputes arising out of the contract or relating thereto by two arbitrators. Disputes and

V. Juia Vs. S. Dalmia

Court : Mumbai

Subject : CompanyArbitration

Acts : Companies Act, 1956 - Sections 11(2); Securities Contracts (Regulation) Act, 1956 -Sections 2, 3, 4(1), 9(1), 9(4), 10(1) and 10(4); Rules of the Bombay Stock Exchange - Rule 4; Arbitration Act, 1940 - Sections 9(B); Code of Civil Procedure (CPC), 1908 - Sections 35

Reported in : AIR1968Bom347; (1968)70BOMLR20

relevant sub-sections of S. 11 are sub-section (1), (2) and (5) and they read as follows:'11. (1) No company, association or partnership consisting of more than ten persons shall be formed for the purpose of carrying on … ORDER(1) This is a Petition under the Arbitration Act for the determination as to the validity of an Arbitration Agreement.(2) The petitioner is a member of

Olympus Superstructures Pvt. Ltd. Vs. Meena Vijay Khetan and anr.,

Court : Mumbai

Subject : CompanyArbitration

Acts : Companies Act, 1956 - Sections 446; Arbitration and Conciliation Act, 1996 - Sections 34

Reported in : [2000]101CompCas51(Bom)

same if so intended, which the petitioners did not do. It is also noticed that earlier Bhaskar and Company were appearing for the petitioners and have been appearing since July 14, 1997. It is noticed that the … S.S. Nijjar, J. 1. This order will dispose of Arbitration Petitions Nos. 281, 282 and 283 of 1997 as the facts and the law points raised are identical

Maharashtra Apex Corporation Ltd. Vs. Spartex Ceramics India Ltd.

Court : Andhra Pradesh

Subject : CompanyArbitration

Acts : Companies act, 1956 - Sections 433(E), 434, 434(A), 434(C) and 439(B); Arbitration and Conciliation act, 1996 - Sections 34

Reported in : 2004(5)ALD316; [2005]57SCL467(AP)

439(b) of the Companies Act, 1956 (for short, the Act) is filed for winding up of the respondent company, namely, M/s. Sparten Ceramics India Limited. This Court ordered Notice before admission on 30.4.2003. After receiving notice, the … respondent failed to pay the said amount as demanded in notice dated 31.5.2001, the matter was referred to Arbitration as per the terms of the lease agreement. The Arbitrator gave an award on 17.2.2002 for an amount

Gurcharan Singh Vs. Raghbir Cycles Pvt. Ltd. and ors.

Court : Punjab and Haryana

Subject : CompanyArbitration

Acts : Arbitration Act, 1940; Companies Act, 1956 - Sections 155 and 433

Reported in : [1995]82CompCas203(P& H)

45 of 1993 in Company Petition No. 134 of 1987 raising objections under Sections 30 and 31 of Arbitration Act, 1940, against the very same award. Before, however, the objections raised against the award are noticed, it … V.K. Bali, J. 1. This order shall dispose of Company Application No. 46 of 1993 in Company Petition No. 134 of 1987, and Company Application No. 47 of