Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 37 limitations Court: mumbai Page 7 of about 8,381 results (0.095 seconds)

Agri Marketing Co. Sarl Vs. Imperial Exports Limited

Court : Mumbai

Reported in : 2002(2)BomCR646

..... 'the court then noted the distinction between a matter governed by domestic law and a matter involving conflict of law and held that the application of doctrine of public policy in the field of conflict of law is more limited than in the domestic law.the apex court then held as under :---'applying the said criteria it must be held that the enforcement of a foreign award would be refused on the ground that it is contrary to public policy if such ..... in the opening submission before the appellate forum it was pointed that the proper identity of sellers in arbitration proceedings was ruchi international limited and they are treated as the sellers for the purposes of the appeal. ..... the present petition by the petitioners is for enforcement of the foreign award under section 47 read with section 48 of the arbitration & conciliation act, 1996. ..... based on the judgment it is sought to be pointed out that the petitioner claimed his right to continue the arbitration proceedings based on assignment and the award being based on that assignment cannot be enforced as it will be contrary to the public policy of india.5. ..... considering section 49 of the arbitration & conciliation act, 1996 petition made absolute in terms of prayer clauses (a), (b) and (c). ..... to my mind this issue is no longer in issue as similar language as contained in the act of 1996 was also there in the repealed statute namely foreign awards (recognition and enforcement) act, 1961. .....

ircon International Ltd. Vs. R.S. Jiwani

Court : Mumbai

Reported in : 2009(3)BomCR446; 2009(2)MhLj758

..... . in our opinion, the decision of various courts either on arbitration act, 1940 or the acts which were in the field before that, while considering whether the court has the power to modify the award in a petition filed under section 34 cannot be considered because under those enactments power was positively conferred on the court to ..... further to be seen here that arbitration act, 1996 has repealed the arbitration act, 1940 ..... by the said award, the learned arbitrator allowed in part fifteen claims and the claim for interest thereon to a limited extent and rejected the remaining claims and the petitioner's counterclaim.i have upheld the award in respect of ten claims, the claim for interest and in so far as it rejects ..... period between the commencement of the arbitration and the date of the order of the court shall be excluded in computing the time prescribed by the limitation act, 1963 (36 of 1963), for the commencement of the proceedings (in-chiding arbitration) with respect to the dispute so submitted.when the award is set aside for the reasons other than merits, then it is open to the parties to the arbitration agreement, if arbitration agreement survives, to invoke the arbitration agreement and to have the matter ..... contingencies they can adopt other remedy that may be available to them and in that situation, either for adopting any other remedy or in initiating arbitration, the period spent during the earlier arbitration is liable to be excluded while computing the period of limitation .....

M/S. Puyvast Chartering B.V. and anr. Vs. Kec International Ltd.

Court : Mumbai

..... " 20 the apex court decision in keshavsinh (supra) revolved around the old arbitration act, 1940, though correct, but on the principle as quoted above, needs to be respected in every arbitration proceedings specially when there is no contra agreement on record. ..... 1 the petitioner have challenged impugned award dated 28 february 2007, under section 34 of the arbitration and conciliation act, 1996 (for short, the arbitration act), passed by the sole arbitrator. ..... considering the scope of interference under section 34 of the arbitration act, no case is made out to disturb the award so passed. ..... in view of this and as the award can be modified under section 34 of the arbitration act, the award needs to be modified accordingly. ..... ltd.6 , referring to sections 16, 23 and 34 of the arbitration act observed as under : "101 ......... ..... it is also necessary for the arbitrator to disclose his interest and/or objection of any kind, as contemplated under sections 12/13 of the arbitration act. ..... there is no force in the contention in the present facts and circumstances of the case based upon section 7 (3) of the arbitration act that there was no agreement in writing and the acceptances of arbitrator in writing within stipulated period itself invalidates the arbitration proceedings and the award. ..... engineers private limited v. ..... engineers private limited v. ..... sundaram finance limited v. m/s. .....

The Loot (India) Pvt. Ltd. and Others Vs. Reliance Capital Limited and ...

Court : Mumbai

..... 2 the petitioners-original respondents, borrowers-guarantors, have invoked section 34 of the arbitration and conciliation act, 1996 (for short, the arbitration act), and thereby challenged an ex-parte award dated 15 june 2012 passed by the sole arbitrator, (respondent no.2) and in favour of the financer company-respondent no.1. ..... having once raised the objection, the learned arbitral tribunal ought to have treated those letters and/or correspondences as an application as contemplated under sections 12 and 13 and/or 16 of the arbitration act and ought to have decided the same first, before proceeding ex-parte against the petitioners. ..... it is relevant to note that as per section 12 of the arbitration act when a person is approached in connection with his possible appointment as an arbitrator, the person concerned should disclose in writing any circumstances likely to give rise to the justifiable doubts at to his independence and/or impartiality. ..... 35 i have already observed that the court under section 34 of the arbitration act, is empowered to remand the matter. ..... the aggrieved party, therefore, has no choice/option but to invoke section 34 of the arbitration act to challenge such ex-parte award. ..... ; unit no.002/b at ground floor and unit no.001/a at basement, building no.b, poonam chambers, poonam chambers commercial premises chs limited, dr. ..... b, poonam chambers, poonam chambers commercial premises chs limited, dr. ..... b, poonam chambers, poonam chambers commercial premises chs limited, dr. .....

Niwas Dattatraya Lad and Others Vs. Punjab and Maharashtra Co-operativ ...

Court : Mumbai

..... the submission revolving around section 11 of the arbitration act that opportunity should have been given to appoint the arbitrator of their choice and/or the parties should have been permitted to file application and/or the procedure ought to have been followed before appointing arbitrator as contemplated under the arbitration act is also unacceptable in view of the above clear provisions of law and even considering the scheme of the arbitration act. 7. ..... the aspect of appointment of arbitral tribunal and/or illegality and/or the power of jurisdictional and/or power of arbitral tribunal is required to be tested by filing an application before the arbitral tribunal, challenging the constitution of the tribunal as well as its jurisdiction as contemplated under section 16 of the arbitration act. ..... the petitioners never filed application under section 16 of the arbitration act and/or raised any dispute prior at any point of time. 9. ..... the scope of writ jurisdiction for the above reasons is quite limited and, therefore, there is no question of entertaining and/or granting any relief as prayed. ..... parliament repealed the multi-state cooperative societies act, 1984 by the multi-state cooperative societies act, 2002 (the mscs act, 2002?).? .......................................................................... 34. .....

United India Insurance Co. Ltd. Vs. M/S. Kumar Texturisers and Another

Court : Mumbai

Reported in : AIR1999Bom118; 1999(1)BomCR755

..... the arbitration and conciliation act, 1996 which hereinafter shall be referred to as the act of 1996, has repealed arbitration act, 1940 and the foreign award act, 1961 as also another legislation. ..... it is pointed out that under the arbitration act, 1940 courts have granted such declarations under section 20 of the arbitration act, 1940. ..... under sub-section (6) of section 31 of act of 1996 there is a provision whereby the arbitral tribunal at any time during the arbitral proceedingscan make an interim arbitral award on any matters with respect to which it may make a final arbitral award. ..... it is true that the act also contains some other provisions like sub-section (1) of section 25 and sub-section (2) of section 32 which provides for closure of arbitral proceedings otherwise than by an award. ..... therefore the present petition cannot be treated as an application under any of those sections.at the highest what the petitioners may contend considering the analogy or interpretation given to section 20 of the arbitration act of 1940 is section 11 of the act of 1996. ..... section 37(2) of the act of 1996 makes appealable an order of the arbitral tribunal under sub-section (2) or subsection (3) of section 16 or granting or refusing to grant interim measure under section 17. .....

Mukesh H. Mehta and Others Vs. Harendra H. Mehta and Another

Court : Mumbai

Reported in : 1995(3)BomCR686; [1998]92CompCas402(Bom); 1995(2)MhLj644

..... judgment can be given in view of section 6(1) of the arbitration act, 1961. ..... the apex court observed (page 607) : 'while construing the expression 'commercial' in section 2 of the act it has to be borne in mind that the `act is calculated and designed to subserve the cause of facilitating international trade and promotion thereof by providing for speedy settlement of disputes arising in such trade through arbitration and any expression or phrase occurring therein should receive, consistent with its literal and grammatical sense, ..... pressed is that in the case of transfer of shares in indian companies and for holding or acquiring or disposing of foreign securities ban nri, under section 19(l)(b) read with section 19(1)(c) and section 19(5), prior permission of the reserve bank of india is required and as the said permission is not obtained the award is against the public policy ..... arbitration act and judgments may be entered by any court ..... the learned authors alan redfern and martin hunter on law and practice of international commercial arbitration (second edition), say as follows : 'thus, it would be permissible to hold an arbitration between two merchants over a commercial contract which they had made in the course of their business but not for example in respect of a contract for the separation of property made ..... by the parties in the two countries through the agency of partnership firms, private limited companies, association of persons and private trusts. ..... act of 1961 repealed the act .....

Radhey Shyam Associates (Engineers and Contractors) Through Its Partne ...

Court : Mumbai

Reported in : 2008(3)ARBLR216(Bom); 2008(4)BomCR865; 2008(3)MhLj926

..... therefore limited question that falls for consideration is whether two situations namely:(i) the text of clause 55 which states that the 'arbitration shall be conducted in accordance with the provisions of arbitration act, 1940, or any specific modifications therein' is by themselves sufficient to govern the arbitration which was commenced during the indian arbitration act, 1940, under the provisions of the arbitration and conciliation act, 1996, and;(ii) notice by arbitrator informing the parties about his intention to conduct the arbitration as per provisions of the arbitration and conciliation act, 1996 would ..... it is also not in dispute that in the absence of any agreement to the contrary that notwithstanding the repeal of the act of 1940, the provisions of old act shall apply in relation to the proceedings which were commenced before the act of 1996. ..... it is clear that section 85 provides that the arbitration already commenced to be governed by the old law and notifications made thereunder.8. .....

Bhika Ragho MaraThe Vs. Ratanchand Reochand Shah

Court : Mumbai

Reported in : (1958)60BOMLR1088

..... what had happened was that only the arbitrator had applied his mind on the subject, and the court, having regard to the provisions of the arbitration act, had no choice but to pass an-award ..... the definition in the evidence act is that'court' includes all judges and magistrates, and all persons, except arbitrators, legally authorised to take evidence.the denition in the arbitration act is that a courtmeans a civil court having jurisdiction to decide the questions forming the subject-matter of the reference if the same had been the subject-matter of a suit.there is no doubt that an arbitrator is not a court within the meaning of these two acts. ..... it was contended that, under the arbitration act, it is only on certain specific grounds that the court can refuse to pass a decree in terms of an award, but, if those grounds are non-existing, then, the court has no choice in the matter and it is bound to pass a decree ..... that section is as follows:25 nothing in section 24 shall apply to-(i) any transfer which has been finally adjudged to be a transfer other than a mortgage by a decree of a court of competent jurisdiction or by a board established under section 4 of the repealed act;...the bombay agricultural debtors relief court came to the conclusion that the true nature of the transaction was that it was a mortgage, and that the contention of the petitioners was not barred by section 25(i) of the bombay agricultural debtors relief act. ..... the arbitrator gave his award on december 18, 1940. .....

The Maharashtra Small Scale Industries Development Corporation Limited ...

Court : Mumbai

..... catena of decisions that the scope of section 34 of the arbitration act is limited and the court does not sit in appeal over the decision of the arbitrator. ..... of the act and construing the interest act as a beneficial legislation, set aside the order passed by the division bench and held that the term 'appeal' appearing in section 7 of the interest act will include petition under section 34 of the arbitration act and the petitioner was directed to deposit 75% of the amount awarded by the learned arbitrator. ..... of the mater and the limited jurisdiction under section 34 of the arbitration and conciliation act, there is no warrant to ..... that the final bill of 12 september 1999 taken starting point of limitation by the arbitrator is wrong in law and the decision of this court in the case ..... dispute or difference arising out of or in relation to the contract between the corporation and the consignee and such dispute or difference being referred to arbitration under the provisions of such contract, the supplier shall be deemed to be a party to such arbitration through the corporation and any final award in such arbitration the corporation will allow the supplier to participate and if necessary to plead the case on behalf of the corporation. ..... difference arising out of or in relation to this contract or order, the same shall be referred to the sole arbitration of the chairman of the corporation or any other person nominated by him and the arbitration shall be governed by the arbitration act, 1940. .....