Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 37 limitations Court: chhattisgarh Page 1 of about 11 results (0.090 seconds)

Bharat Aluminium Co. Ltd. Vs. Kaiser Aluminium Technical Services, Inc ...

Court : Chhattisgarh

Reported in : AIR2005Chh21; 2006(1)MPHT18(CG)

..... court held that the cause of action admittedly arose in july, 1999 and by that time the indian arbitration act, 1940 was repealed by section 85 of the indian act which came into force in august, 1996 and that the parties to the contract made an express choice in indian law both as the proper law of contract and the proper law of arbitration and india was also the country with which the contract was most closely associated and ..... . coal india limited filed an application for setting aside the award under sections 34 and 48 of the indian act before calcutta high ..... coal india limited reported in 2004 (2) cal lj (cal) 197 in which it has been held that where the express choice of the parties with regard to the law of the contract is indian law and the contract was signed in india and was performed in india, there is no reason for the court to hold that the expression 'under the laws of which that award was made' in section 48(1)(e) of the indian act would mean nothing but indian ..... mukherjee an agreement dated 28-9-1989 was executed in india between coal india limited and white industries australia limited for developing an open cast coal mine at piparwar in india ..... . coal india limited (2004 (2) cal lj 197 (cal)) (supra) cited by ..... . coal india limited (2004 (2) cal lj 197) (supra), the supreme court in the case of ntpc ..... . ashapura minechem limited reported in . ..... lurgi energie und entsorgung gmbh, germany : air2003guj145 (supra), the calcutta high court in the case of white industries australia limited v .....

Gammon India Limited Vs. the State of Chhattisgarh and Another

Court : Chhattisgarh

..... the state of chhattisgarh and another); (ii) to declare that the petitioner is entitled to the remedy of arbitration under the provisions of the arbitration and conciliation act, 1996 (for short `the act, 1996"); (iii) to declare that the time period spent before the tribunal shall be excluded for the purpose of limitation in the arbitration proceedings under the act, 1996; and (iv) to issue orders for refund of court fee amounting to rs.6,98,714/-, which was deposited for instituting reference case before the ..... thus, clause to the extent that "whether the agreement contains an arbitration clause" stands repealed to the extent that if the agreement contains arbitration clause, the same is not referable to the tribunal under the provisions of the adhiniyam, 1983.10. ..... the same was done in accordance with the provisions of section 7 of the chhattisgarh madhyastham adhikaran adhiniyam, 1983 (for short "the adhiniyam, 1983"), which provides for reference of the dispute in works contract to the tribunal.7. ..... (5) on receipt of the reference under sub-section (1), if the tribunal is satisfied that the reference is a fit case for adjudication, it may admit the reference but where the tribunal is not so satisfied it may summarily reject the reference after recording reasons therefor."8. ..... section 7 of the adhiniyam, 1983 reads as under:"7. .....

Motilal and anr. Vs. Bhandari

Court : Chhattisgarh

Reported in : 2001(4)MPHT47(CG)

..... orders, and save as otherwise expressly provided in the body of this code or by any law for the time being in force, from no other orders :-- [(a) to (t) repealed by the arbitration act, 10 of 1940]; [(ff) an order under section 35a]; (ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be; (g) an order under section 95; (h) an order under any of the provisions of this code imposing a fine or directing the arrest or detention in the civil prison of any person except where such ..... present is an appeal under order 43 rule 1 (r) read with section 104 of the code of civil procedure against the order dated 16-2-2001 passed by the first additional district judge, soorajpur (sarguja) in miscellaneous appeal no. ..... ' clause (1) of sub-section (1) of section 104 provides that an appeal shall lie against an order made under rules from which an appeal is expressly allowed by rules. ..... order 34 is required to be read with section 104 of the code of civil procedure. ..... section 104 of the code of civil procedure reads as under :--'section 104. ..... ) (2) no appeal shall lie from any order passed in appeal under this section. .....

New India Assurance Co. Ltd. Vs. R.K. Industries

Court : Chhattisgarh

Reported in : 2005(3)ARBLR412(NULL)

..... learned lower court without minutely examining the contentions and material, has passed the impugned order and dismissed the application filed by the petitioner under section 33 of the arbitration act, 1940 read with section 151 of the cpc, has acted in the exercise of its jurisdiction not only illegally but also with material irregularity.19. ..... accordingly, the revision is allowed and the impugned order passed by the lower court is set aside and the application filed by the petitioner under section 33 of the arbitration act, 1940 read with section 151 of the cpc is allowed and as a result thereof appointment of arbitrator and arbitration proceeding, if any, stands dismissed.20. ..... 4-a/95 by which application filed by the petitioner under section 33 of the arbitration act, 1940 read with section 151 of the cpc, was dismissed, this revision has been filed by the non- applicant/petitioner.2. ..... it is contended on behalf of the respondent that the petitioner has no right to file an application under section 33 of the arbitration act, 1940 till the award is passed. ..... respondent loosing his case finally has filed an application under section 20 of the arbitration act, 1940 in the court of district judge, durg for settlement of dispute to loss caused to him by fire in the intervening night of 20/21st november, 1990 taking shelter of arbitration clause no. ..... section 33 of the arbitration act, 1940 reads as below :--'33. .....

State of Chhattisgarh and Others Vs. Ms. R.S. Bajwa and Company

Court : Chhattisgarh

..... arbitration and conciliation act, 1996 was applicable because of the existence of the arbitration agreement and if pursuant to the same the chief engineer appointed the sole arbitrator following clause 51 of the agreement, in our opinion there was no illegality therein and in case the chief engineer would have denied to appoint the arbitrator and invoke clause 51 of the arbitration agreement, the aggrieved party could approach the chief justice under section 11 of the act, 1996 in view of the applicability of that act ..... scc 618} has been referred wherein it is held that "once the chief justice or his designate appoints an arbitrator in an application under section 11 of the act, after satisfying himself that the conditions for exercise of power to appoint an arbitrator are present, the arbitral tribunal could not go behind such decision and rule on its own jurisdiction or on the existence of an arbitration clause. ..... ) holds the field only in the matter of operation of section 9 of the arbitration and conciliation act, 1996. ..... of the high court that the provisions of the 1983 adhiniyam would apply and sole arbitrator appointed by the designate of the chief justice lacked inherent jurisdiction, cannot therefore be ..... ) has held that the adhiniyam, 1983 and the arbitration and reconciliation act, 1996 can be harmonized by holding that the adhiniyam, 1983 only applies where there is no arbitration clause but it stands impliedly repealed by the 1996 act where there is an arbitration clause. .....

Himcon Projects Pvt. Ltd. Vs. Lmz Energy (India) Ltd. and Another

Court : Chhattisgarh

Reported in : 2012AIR(Chhat)28

..... dispute liable to be arbitrated upon in terms of the act, and the opposite party disputes the existence of an arbitration agreement as defined in the act or raises a plea that the dispute involved was not covered by the arbitration clause, or that the court which was approached had no jurisdiction to pass any order in terms of section 9 of the act, that court has necessarily to decide whether it has jurisdiction, whether there is an arbitration agreement which is valid ..... supreme court, while considering the matter, observed that the division bench of the high court, by the impugned order, stayed the interim relief granted by the learned single judge under section 9 of the act, 1996 holding the learned single judges order unsustainable as grant of the said injunction (i) resulted in compelling specific performance of a contract for personal, confidential and fiduciary service dependent ..... on mutual trust, faith and confidence, barred by sections 14(1)(a), (b) and (d) of the specific relief act, 1963 and decisions of the supreme court to that effect; (ii) amounted to granting the whole or entire relief that could be claimed at conclusion of the trial, which is impermissible; and (iii ..... appellant himcon projects private limited has preferred the instant appeal against the impugned order dated 30-6-2010 passed .....

United Transport Company and anr. Vs. Smt. Khatoon Begum

Court : Chhattisgarh

Reported in : AIR2007Chh77; 2007(3)ARBLR274(NULL)

..... article 119 of the schedule of the limitation act, 1963 (for short 'act 1963') reads as below:119 under the arbitration act, 1940 (10 of 1940),- (a) for the filing in court thirty the date of of an award days service of the making of the award, (b) for setting aside an thirty the date of award or getting an days service of the award remitted for notice of the ..... this is an appeal under section 39 of the arbitration act, 1940 (for short 'act 1940') against the judgment and decree dated 12-3-1999 passed by the first additional district judge, jagadalpur in civil suit no. ..... learned lower; court holding the appellants' application under section 30 read with section 33 of the act 1940 barred by limitation dismissed it, and accepting the award dated 17-4-1990, made it rule of the court and passed judgment and decree in terms of it.6. ..... learned counsel for the appellants contended that appellants were not served with notice in accordance with section 14 of the act, 1940 and the court also gave notice to the advocate on behalf of the parties, therefore, in absence of legal notice their application filed under section 30 read with section 33 of the act, 1940 is not hit by law of limitation. ..... in the result, we are of the considered view that learned lower court had not committed any illegality by rejecting the appellants application filed under section 30 read with section 33 of the act, 1940 and making the award rule of the court by passing judgment and decree in terms of the award. .....

South Eastern Coalfields Ltd. Vs. Om Prakash Sathyapal

Court : Chhattisgarh

Reported in : 2009(2)MPHT6(CG)

..... the instant miscellaneous appeal under section 39 of the arbitration act, 1940 (for short 'the act, 1940') is directed against the order dated 25-2-1994 passed in ..... perusal of the order of reference, it would be evident that arbitrator was called upon to give his decision towards finalization of rate of dewatering work executed by the contractor;(iii) learned district judge, without properly considering objection preferred by the appellant under section 30 (a) and (c) of the act, 1940, has mechanically rejected the objection and made the rule of court on the basis of award passed by the arbitrator and further passed impugned decree without taking into account that ..... whereby learned district judge has rejected the application under section 30 (a) & (c) of the act, 1940 of the appellant and allowing the application under section 14(2) of the act has passed the judgment and decree in terms of the award dated 28th april, 1989 by the sole arbitrator.2. ..... , learned district judge has rejected the objection of the appellant under section 30 of the act, 1940 without examining pleadings of the respective parties before the arbitrator and documentary evidence adduced by them during arbitration proceedings.18. ..... question of limitation was never raised by the appellant before the arbitrator.6. ..... respondent in his reply submitted that the appellant participated in the arbitration proceedings without any objection regarding limitation and they cannot take objection before the court in this regard. .....

Smt. Krishna Bai and ors. Vs. Hindustan Steel Limited

Court : Chhattisgarh

Reported in : 2009(2)MPHT26(CG)

..... this miscellaneous appeal under section 39(1) of the indian arbitration act, 1940 (for short 'act of 1940') is directed against the judgment dated 29-3-1993 passed by the court of learned 5th additional district judge, durg in civil suit no. ..... in view of above undisputed facts in the matter, the only question for consideration before us is whether the learned district judge while allowing the application under section 30/33 of the act of 1940 was justified in holding that the claim of the appellant was barred by law of limitation ?13. ..... the respondent moved an application under section 30 of the act of 1940 for setting aside the award before the learned district judge, durg, who vide impugned judgment has set aside the award passed by the umpire with a finding that the claim of the appellants was barred by limitation.8. ..... in utkal commercial corporation (supra), the hon'ble supreme court while dealing with the limitation for filing an application under section 8 of the act of 1940 has held that for the purpose of filing the application under section 8, prescribed period of limitation, according to article 137 of the act of 1963, is three years from the date when right to make an application accrues and a dispute arises where there is claim and a denial and repudiation of the claim.19. .....

Satjas Glorocks Private Ltd Vs. Bharat Aluminum Company Limited

Court : Chhattisgarh

..... ratio of law laid down by the hon'ble supreme court in the above decisions makes it very evident that an award passed by an arbitrator can be set aside only under the provisions of sections 30 and 33 of the arbitration act, 1940 corresponding to section 34 of the act, 1996. 13. ..... learned district judge observed in his order that the learned sole arbitrator failed to consider the counter-claim raised by respondent bharat aluminum company limited and allowed the application filed by the respondent under section 34 of the act, 1996 and thereby set aside the award passed by the learned sole arbitrator. 18 ..... the scope of examination in an application under section 34 of the act, 1996 for setting aside an award is very limited and is restricted to question of law and ..... aluminum company limited), learned shri justice p.n.s.chouhan (retired) was appointed as sole arbitrator by this ..... instant appeal is directed against order dated 19-11-2009 passed by the district judge, korba in civil suit (arbitration case) no.31a/2007, whereby the application preferred by respondent bharat aluminum company limited under section 34 of the arbitration and conciliation act, 1996 (henceforth `the act, 1996') has been allowed and award dated 25-7-2007 passed by the sole arbitrator has been set aside. 2. ..... . orient paper and industries limited (supra), the hon'ble supreme court observed thus: ..... gupta brothers steel tubes limited, 2009 (3) arb.lr 466 (sc) = (2009) 10 scc 63 (supra), the hon'ble supreme court observed thus .....