Court : Andhra Pradesh
Reported in : 2000(6)ALD318; 2000(6)ALT334
..... mana chakraborty, learned counsel for the state that the issue relating to the power of the arbitrator to grant interest pendente lite where the agreement between the parties, as in the present case, did not prohibit grant of interest and the dispute referred to the arbitrator included the claim of interest, is nolonger res integra and stands settled in favour of the claimant and against the state in secretary, irrigation department government of orissa v. g.c. ..... (iv) over the years, the english and indian courts have acted on the assumption that where the agreement does not prohibit and a party to the reference makes a claim for interest, the arbitrator must have the power to award interest pendents lite...... ..... 299 of 1995 has been filed by the appellant-contractor against the order of the subordinate judge, peddapalli dismissing op no.33 of 1993 seeking to remit the matter back to the arbitrator to the extent of claims not determined by the arbitrator, crp no.2293 of 1994 is revision filed by the state against the judgment and decree of the subordinate judge, peddapalli in decreeing the suit os no.64 of 1991 by making it 'rule of the court'. ..... (the proviso to section 41 and section 3 of arbitration act illustrate this point). ..... this is the principle of section 34 cpc and there is no reason or principle to hold otherwise in the case of arbitrator. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD142
..... the op is filed under sections 14(1), 30 and 33 of arbitration act, 1940 to direct the learned arbitrator to file the award in to court and also to set aside the award of the arbitrator dated 30-11-1997 and dated 22-1-1998.2. ..... . it is now well settled by the judgment of the supreme court that the arbitrator is fully empowered to award interest for pre-reference period, pendente lite interest and the future interest from the date of the award till the date of payment (see: secretary, irrigation department, government of orissa v. g. c ..... . with regard to part-b claims, the learned arbitrator has granted the interest of 18% from the date it fell due till the date of the award and further interest of 18% from the date of the award till the date of decree under item no.30 ..... . balaiah (1985 (i) a.p.l.j 224), a bench of this court held, after anelaborate review of the law that the claim for escalation charges interest that case is not a 'matter for things arising' under clause 73 of the madras detailed standard specifications, which constituted terms of the contract concerned therein, as they do in this case ..... . the contractor is also entitled for the interest @ 18% from the date of the award till the date of the decree and subsequent interest 18% from the date of the decree till the date of payment.95 ..... . the contractor is also entitled for interest @ 18% from the date of award till the date of decree and future interest @ 18% from the date of the decree till the date of payment.97 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD810; 2003(2)ARBLR391(AP)
..... 3 of 2001 against the respondents herein before the iii senior civil judge, city civil court, secunderabad under sections 30 and 33 of the arbitration act, 1940 ('the old act' for brevity) requesting to set aside an award dated 23-10-2000 passed by the respondents 2 and 3 as arbitrators in respect of granting of interest @ 18% per annum from 14-8-1995 to 23-10-2000.2. ..... . a mere look at sub-section (2)(a) of section 85 shows that despite the repeal of arbitration act, 1940, the provisions of the said enactment shall be applicable in relation to arbitration proceedings which havecommenced prior to the coming into force of the new act ..... repeal and saving:--(1) the arbitration (protocol and convention) act, 1937 (6 of 1937), the arbitration act, 1940 (10 of 1940) and the foreign awards (recognition and enforcement) act, 1961 (45 of 1961) are hereby repealed. ..... (2) notwithstanding such repeal,-- (a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this act came into force unless otherwise agreed by the parties but this act shall apply in relation to arbitral proceedings which commenced on or after this act comes into force;(b) all rules made and notifications published, under the said enactments shall, to the extent to which they are not repugnant to this act, be deemed respectively to have been made or issued ..... . section 85(2)(a) calls for strict construction, it being a repealing provision .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD609
..... repeal and saving :--(1) the arbitration (protocol and convention) act, 1937 (6 of 1937), the arbitration act, 1940 (10 of 1940) and the foreign awards (recognition and enforcement) act, 1961 (45 of 1961) are hereby repealed. ..... the above section shows that the provisions of the arbitration act, 1940 are repealed. ..... in reply, the learned counsel for the petitioner contended that he is confining his arguments only to the jurisdiction of the 5th court to proceed with the op which was filed under sections 30 and 33 of the arbitration act, 1940. ..... having regard to the rival contentions the dispute that arises for consideration is whether the arbitral proceedings referred to here are governed by the provisions of the arbitration act, 1940 or by the provisions of the arbitration and conciliation act, 1996.6. ..... when once the arbitrator was appointed under the arbitration act, 1940, the provisions of that act alone are applicable for any subsequent disputes. ..... thereafter the respondents 1 to 4 filed op no.161 of 1998 on 23-1-1998 before the 5th respondent and the same was filed under sections 30 and 33 of the arbitration act, 1940 (hereinafter called 'the act') to set aside the award dated 27-10-1997 passed by the arbitral tribunal of sri justice k. ..... at the time of hearing the learned counsel for the respondents stated that the interest of the respondents may be safeguarded if the court comes to the conclusion that the proceedings are without jurisdiction. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1984AP14
..... 1957 nag 57 wherein it is held that section 5 of the limitation act does not apply to the proceedings under arbitration act 1940 and therefore it cannot be invoked in extending time for filing application to set aside the award. ..... the arbitration act has made a reference to the provisions of the limitation act, 1908 and when 1908 act has been substituted by 1963 act by repeal the new provisions of 1963 act are ..... counsel for the respondent echoed that the applicability of the decision of the madras high court in : air1953mad561 (supra) is not affected by the repeal of the provisions of the instrument, 1908 and the impact of the said decision is not denuded in any way by substitution of the new ..... 8 (1) applies and the repeal and re-enactment of the provision referred to or cited has the effect set out in that section and the reference to the provision repealed is required to be construed as reference to the ..... section 8 of the general clauses act provides that in the event of reference to any other enactment or provision it must be constructed that the reenactment provisions pursuant to repeal or otherwise will apply unless different intention can be spelt out from the provisions ..... but in a case of a reference to a provision or enactment the subsequent amendment or substitution by way of repeal or otherwise must be implied to have been the part of the present statute as the reference refers to only the provision as such and implies the applicability of the provision as amended from .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(2)ALT661; 1993(2)ALT661; [1995(70)FLR680]; (1994)IILLJ716AP; (1994)IILLJ716SC
..... any other application three when thefor which no period years right toof limitation is applyprovided elsewhere accrues.in this division.the corresponding article 181 in the repealed indian limitation act, 1908 provided that for the applications for which no period of limitation was provided elsewhere in the schedule or by section 48 of the code of civil procedure, 1908, the period of limitation was three years from the time when the right to apply accrued ..... articles in the third division to the schedule refer to applications under the code of civil procedure, with the exception of applications under the arbitration act and also in two cases of applications under the code of criminal procedure. ..... of introduction in the third division of the schedule of reference to applications under the arbitration act in the old limitation act has already been considered by this court in the case of sha mulchand & co. ..... section 11, which deals with the procedures, powers and duties of the authorities under the industrial disputes act including the labour courts, and section 11b which relates to the execution of an award made by a labour court, which have a bearing are ..... the power conferred on a labour court to execute its award as the decree of a civil court, does not have the effect of transforming it into a ..... power of labour court or tribunal to execute its award by decree:- a labour court or a tribunal shall have the power of civil court to execute its award or any settlement as a decree of a civil .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(4)ALD651; 2003(4)ALT724; 2003(3)ARBLR440(AP)
..... it is the further case of the applicantthat since the respondents did not constitute the panel of arbitrators and did not inform the constitution of the said panel of arbitrators pursuant to the direction of the full bench of the high court of andhra pradesh, the arbitral proceedings did not commence under the arbitration act, 1940 ('the old act'-for brevity). ..... similarly where the arbitration agreement provides that a reference shall be to two arbitrators one to be appointed by each party and if either of the appointed arbitrators neglects or refuses to act, the party who appointed him may appoint a new arbitrator in his place and, therefore, the power is given to the party to appoint a new arbitrator in the event of either of the arbitrators neglects or refuses to act, as can be from clause (a) of section 9. ..... section 85 is the repeal and saving provision under the new act. ..... this section reads that the court can remove an arbitrator or umpire on an application filed by the party when the arbitrator fails to use all reasonable dispatch in entering oh and proceeding with the reference and making an award. ..... the old act was repealed under the new act. ..... however, the provisions of the old act shall apply in relation to the arbitral proceedings, which in fact have been commenced before the advent of new act notwithstanding such repeal. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1984AP374
..... therefore, when section 37 of the arbitration act has made a reference to the provisions of the limitation act, 1908 and when 1908 act has been substituted by 1963 act by repeal the new provisions of 1963 act are applicable.'3. ..... bearing in mind these cardinal principle it has to be considered whether section 37 of the arbitration act makes a reference to the provisions of limitation act or the entirety of the provisions of the limitation act are incorporated in the statute. ..... 8-4-1983 (since reported in : air1984ap14 ) in the context of considering applicability of the provisions of the new limitation act notwithstanding the mention of applicability of the provisions of limitation act, 1908 in section 37 of the arbitration act. ..... express or constructive trust created for public purpose of a charitable or religious nature, or where the direction of the court is deemed necessary for the administration of any such trust, the advocate general, or two or more persons having an interest in the trust and having obtained the consent in writing of the advocate general may institute a suit;section 92(1) c. p. c. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2009AP216; 2009(5)ALT98
..... before referring to these precedents, it may be mentioned that in cases that were decided under arbitration act, 1940 (which has been repealed by new act), supreme court took the view that 'where an agreement is invalid, every part of it including the clause as to arbitration contained therein must also be invalid' and that, 'an arbitration clause which is one of the terms of the void contract must also perish along with it and the dispute relating to validity of contract is one such case for ..... put it in vee networks limited: if, in accordance with section 7 (of the arbitration act 1996), an arbitrator determines that the matrix contract is, for example, void ab initio by reason of illegality and it is not in issue whether the arbitration agreement is also illegal and void, the tribunal can continue to exercise such jurisdiction under the arbitration agreement as its scope permits. ..... the reasons to follow, the only question that arises for consideration is whether an application under section 11(6) of the arbitration act for appointment of arbitrator would lie even when the agreement is declared void.9. ..... the new act minimizes supervisory role of courts and can intervene only after the award is made by the arbitral tribunal (sections 5 and 16(6) read with section 34). ..... as per clause 11.4 of spa, krebs has a right to carry on business of manufacture of sugar for a minimum period of five years from the date of agreement with a view to safeguard interest of cane growers and employees. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD135; 2005(6)ALT347; 2006(1)ARBLR399(AP)
..... to make the award rule of the court, the appellant herein filed the suit under section 17 of the arbitration act, 1940, before the district court karimnagar as having jurisdiction. ..... arbitration act 1940 (old act). ..... in this context, it is necessary to refer to the provisions of sections 21 and 85(2) of the new act (the arbitration and conciliation act, 1996, which came into force on 22-8-1996), which read thus:'section 21: commencement of arbitral proceedings:unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. ..... (2) (a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this act came into force unless otherwise agreed by the parties but this act shall apply in relation to arbitral proceedings which commenced on or after this act comes into force;(b) all rules made and notifications published, under the said enactments shall, to the extent to which they are not repugnant to this act, be deemed respectively to have been made or issued under this ..... 71, which is thus:'section 85 of the 1996 act repeals the 1940 act. ..... the court is to interpret the repeal and savings clauses in such a manner so as to give an pragmatic and purposive meaning thereto. ..... repeal and saving:(1) ...(2) ... .....
Tag this Judgment!