Court : Orissa
Reported in : 54(1982)CLT214
..... it, various committees noticed the drawbacks in the existing provisions and advocated for consolidation and amendment of the law and its codification in a separate enactment and that is how the arbitration act, 1940 came to the statute book and the sch. ..... the power has been vested in the court under the various provisions of the arbitration act relating to the selection of arbitrator in the trust that the said power shall be exercised judiciously and with circumspection. ..... to remedy this, indian arbitration act, 1899 was enacted basing on the english arbitration act, 1889. ..... of the fact that in thepresent state of the court system inindia and its unfortunate characteristicsof endemic delays, rising costs, technicality of procedure and plurality of appeals, there is a search for alternativedecision making apparatus and a reoriented arbitration process, particularlyunder the auspices of organisations inindustry, trade and commerce, couldthrow up an acceptable alternative,which would to an extent relieve theoverburdened machinery of courts. ..... on failure of the chief engineer to appoint arbitrator, the contractor moved the learned subordinate judge, cuttack, under section 8 of the arbitration act for appointment of an arbitrator. ..... however, originally limited to presidency towns and was subsequently extended to a few more commercial towns. ..... the act was repealed and consolidated by the civil p. c. ..... was repealed.9. .....
Tag this Judgment!Court : Orissa
Reported in : 2012AIR(NOC)194
..... in the present case, reference of the dispute could not have been made to the arbitration tribunal in terms of clause 53 of the agreement as the tribunal did not exist/function vis--vis the dispute between the parties which arose after repeal of the old act, 1940. in j.s. ..... the supreme court has observed while dealing with section 16 of the arbitration act that arbitral tribunals authority under section 16 is not confined to the width of its jurisdiction but goes to the very root of its jurisdiction and further that the arbitration act should be interpreted keeping in mind the uncitral model law and the whole object and scheme of the act is to secure expeditious results of disputes. ..... ble chief justice took notice of the questions raised by the state of orissa and others in arbp no.15 of 2008 including the question in respect of applicability of clause 53(f) of the agreement between the parties as a whole and the question of limitation and decided the said preliminary issues leaving nothing to be considered by the arbitrator in the arbitral proceeding. ..... in all the above cases, the petitioner-state questioned the jurisdiction of the honble chief justice of orissa and the arbitrability of the dispute between the parties including the plea of limitation. ..... sperpack, a division of bajaj steel industries limited and another, 2008 (suppl.1) arb. ..... gas authority of india limited and another vs. .....
Tag this Judgment!Court : Orissa
Reported in : 2004(2)ARBLR394(Orissa); 97(2004)CLT665
..... sub-section (1) of section 85 provides that amongst others the arbitration act shall thereby stand repealed. ..... when there is an enabling provision under the said rules empowering the opposite party to refer the dispute for arbitration to the orissa arbitration tribunal constituted by the government under the said rules, accidental printing mistake or error committed by the opposite party in wrongly mentioning orissa arbitration tribunal act, 1979 instead of mentioning orissa arbitration tribunal rules, 1979 in the relevant clause would not disentitle the opposite party from making a reference under that enabling provision ..... this is an application under section 11 of the arbitration and conciliation act, 1996 praying for a declaration that the opposite party is not entitled to refer the dispute between the parties to the orissa arbitration tribunal, and for a further order appointing an arbitrator and to refer the dispute between the parties in terms of the relevant arbitration clause to the said arbitrator for adjudication thereof.2. ..... it appears that the said rules were framed by the state of orissa under the provisions of the arbitration act, 1940, and in accordance with the said rules the orissa arbitration tribunal was established.5. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1991Ori187
..... ('insurance company' for short) filed this appeal under section 39 of the arbitration act, 1940 assailing the judgment of the subordinate judge, rourkela in title suit no. ..... . it was agreed at the bar that the appointment of the arbitrator was made by the court under section 8 of the arbitration act, but no specific issue/ dispute was referred to by the court to the arbitrator for adjudication ..... he further held that since reference was made through court, the arbitrator was competent to award not only interest till the date of institution of the arbitration proceeding, but also pendente lite interest under section 22 of the arbitration act. ..... applies to arbitrations in suits for the simple reasons that where a matter is referred to arbitration in a suit, the arbitrator will have all the powers of the court in deciding the dispute, section 34 does not otherwise apply to arbitrations as arbitrators are not courts within the meaning of section 34, civil procedure code, again, we must look elsewhere to discover the right of the arbitrator to award interest before the institution of the proceedings, in cases where the proceedings had concluded before the commencement of the interest ..... . saith and shelton private limited (air 1972 sc 1507) were all cases in which the reference to arbitration was made by the court of all the disputes in the suit ..... . bungo steel furniture private limited (supra) and state of madhya pradesh v ..... . saith and skelton private limited (supra) .....
Tag this Judgment!Court : Orissa
Reported in : 2003(2)ARBLR276(Orissa); 95(2003)CLT396
..... in view of section 85(2)(a) of the new act and the decision of the supreme court referred to above, the civil judge, (senior division), rairangpur was correct in proceeding to pass an order in terms of section 20 of the arbitration act, 1940, notwithstanding its repeal by the time he disposed of the proceeding which was pending before him on the date the act of 1996 came into force. ..... the applications are resisted by the steel authority of india by pointing out that disputes had arisen under the arbitration act, 1940 and the arbitration proceeding had commenced while the arbitration act, 1940 was in force and in view of section 85 of the arbitration and conciliation act, 1996, the proceeding had to be continued under the arbitration act, 1940 and the new act had no application. ..... but if the arbitral proceeding had commenced before the coming into force of the arbitration and conciliation act, 1996, notwithstanding the repeal of the arbitration act, 1940, the arbitration act, 1940 continued to apply in relation to that proceeding. ..... the further claim is that in view of the fact that the arbitration act of 1940 had been repealed and the new enactment has come into force with effect from 22.8.1996, all pending cases come under the purview of new act enabling the petitioner to move the chief justice.5. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori169
..... used till repealed by section 49(1) read with schedule iii, arbitration act, 1940 (hereinafter referred to as 'the act'), to govern all references to arbitration whether by an order of a court or otherwise and all proceedings thereunder, save in so far as was otherwise provided, by the indian arbitration act 1899 or ..... act was in force throughout india, its actual application as has been stated below was limited to presidency towns besides a few more commercial towns the law of civil procedure as devised in 1908 effected an improvement above what it was in the code of 1882 except that it was placed in the form of a schedule with the hope that at no distant date they may be transferred into a comprehensive arbitration act ..... renting to the practice of supreme court of judicature in england order 24, rule 2 any ground of defence that arises after the defendant has delivered a statement of defence or after the time limited for bis doing so has expired, the defendant may within eight days after such ground of defence had arisen, or at any subsequent time by leave of the court or a judge, deliver a further ..... the subject both in england and india, the fundamentals on which the entire fabric of the law of arbitration has been constructed and the basic principles by which to parties' liberty of contract ought, as a matter of public policy, to be limited, an award other, wise obtained within the meaning of the proviso to section 47, oannot ipso facto work as an accord and satisfaction of the suit .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori217
..... bill the intention was to totally deprive the legal practitioners of their right to appear for any party in a proceeding under the act or under the rules, before any authority exercising functions under the act, including the state government, the collector and the board of revenue, subsequently government themselves limited the scope of section 133 to subordinate authorities only.the right of a legal practitioner to appear before the government or the collector or the board of revenue ..... the state government, the collector or the board of revenue but that he had no objection to the bar against their appearance before the registrar and officers subordinate to him exercising the powers of the registrar, or before an arbitrator or liquidator under the act.though the bill was not referred to a select committee after some discussion between the government member in charge of the bill (sri kapileswar prasad nanda) and mr. ..... it is a consolidating act repealing (i) the bihar and orissa co-operative societies act 1935, (ii) the madras co-operative societies act 1932 and (iii) the orissa co-operative land mortgage bank act 1938, and unifying in one act the entire law relating to co-operative societies in the whole of orissa. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori191; 53(1982)CLT577
..... air 1962 sc 903 that under section 41 of the arbitration act and also under section 141, c. p. c. ..... (1941) ah 193 : (air 1941 all 101) (fb) that the civil court to which an issue on the question of proprietary rights has been submitted by a revenue court under section 271 of the agra tenancy act, 1926 has jurisdiction to refer the issue to arbitration under paragraph 1 of schedule ii of the c.p.c. ..... section 15 of the act provides:--'the order of the controller made under section 7 directing the tenant to put the landlord in possession of the house, shall be deemed to be a decree and shall be executable as such in the court of the munsif within the local limits of whose jurisdiction the ..... in the court of the munsif within the local limits of whose jurisdiction the house is situate' has no other effect than indicating ..... it was competent to the court before which an award made by an arbitration tribunal is filed for passing a decree in terms thereof to permit parties to compromise their dispute under order xxiii, ..... rahim rai, air 1971 orissa 7l (fb) dealing with references under the land acquisition act also held:---'the result of the aforesaid analysis is that a subordinate judge while functioning as a court under the act is a court subordinate to the district judge and the latter has jurisdiction to transfer the case to ..... the provisions relating to arbitration contained in the second schedule to the code of civil procedure, before the repeal of that schedule, applied to a proceeding .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR362
..... this miscellaneous appeal is filed under section 39 of the arbitration act, 1940 challenging the order dated 23.7.2001 passed by the civil judge (senior division), angul, in m.j.c. no. ..... ultimately the appellants filed their counter claim and documents.it is worthwhile to mention here that the arbitrator was appointed with the condition that such appointment was without prejudice to the limitation, arbitrability and maintainability of the claim and the arbitration proceeding.the arbitrator ultimately, after hearing both the parties, dealt with the question of limitation and passed the award in favour of the claimant-respondent awarding a sum of rs. ..... learned counsel for the appellants vehemently argued that the notes made in the note-sheets cannot be construed to be the basis for postponing the period of limitation because those notes are the internal discussions between the officers of the nalco and the same had not been communicated to the claimant basing upon which it can be said that the claim raised by ..... 347 of 1996 was preferred and this court disposed of the said revision application holding that it was for the arbitrator to decide whether the question of limitation raised was a pure question of law or mixed question of facts and law. .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT556
..... -(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 to 1961) are hereby repealed. ..... 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 act.from a perusal of section 85(2)(a), it is clear that notwithstanding such repeal, the provisions of the said enactments shall apply in relation ..... to arbitral proceedings which commenced before the said act came into force unless otherwise agreed .....
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