Court : Allahabad
Reported in : 2006(2)ARBLR441(All); 2006(3)AWC2754
..... the order impugned in this appeal under section 37 of the arbitration and conciliation act no. ..... the arbitration and conciliation bill, 1995 which preceded the 1996 act stated as one of its main objectives the need 'to minimize' the supervisory role of courts in the arbitral process. ..... this objective has found expression in section 5 of the act which prescribes the extent of judicial intervention in no uncertain terms. ..... section 34 is contained in part i and is, therefore, subject to the sweep of the prohibition contained in section 5 of the 1996 act.by virtue of section 34(1), recourse to the court against an arbitral award cannot be made beyond the period prescribed ..... tart' referred to in section 5 is part i of the 1996 act which deals with domestic arbitration. ..... 26 of 1996 (hereinafter called 'the act') is dated 01.04.2005 passed by the district judge, lucknow rejecting an application under section 5 of the limitation act for condonation of delay as not maintainable and dismissing the objection under section 34 of the act as barred by limitation ..... the hon'ble high court issued a direction and in compliance thereof the arbitrator sent a certified copy of the award, which was pending execution and thereafter objection under section 47, cpc was filed by the other party and the matter went up to the hon'ble supreme court on the point of 'arbitration agreement' but the certified copy given by the arbitrator was treated as sufficient compliance of law as contained in the said act of 1996.13. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All361; 2005(3)ARBLR489(All); 2005(4)AWC3862-O
..... section 5 of the act 1996 restricts the cope of judicial intervention as it provides that the court shall not interfere in the arbitration proceedings and its' intervention shall be permissible only to the extent provided under the act 1996 therefore, it is evident that the object of section 5 of the act 1996 ha been to encourage resolution of disputes expeditiously and less expensively. ..... ...13.02 all disputes or differences whatsoever, arising out of this contract which are not settled by mutual consultation, shall be settled by arbitration under the arbitration & conciliation act 1996 and the venue of arbitration shall be new delhi.. ..... the respondents therein filed an application under section 8 of the arbitration and conciliation act, 1996 (hereinafter called the 'act 19960 contending that in the agreement, there is an arbitration clause, therefore, the suit should not be permitted to be continued and the petitioner must be relegated to the remedy of arbitration. ..... section 9 of the act 1996 enables the party before or during arbitral proceedings, or at any time after making of the award before it is enforced under section 36 of the act 1996, to apply to a court for interim measures of protection in respect of any of the matters mentioned in the agreement including the preservation, sale of any goods which are the subject matter of the arbitration agreement and also for interim injunction or the appointment of a receiver. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC1810
..... the ordinance has been repealed and has been replaced by arbitration and conciliation act no. ..... the petitioner, after the application was returned, has filed the application under section 11(4) of the arbitration and conciliation ordinance, 1996 for appointment of the arbitrator. ..... the second preliminary objection raised by sri goel, is that the arbitration proceedings having commenced prior to the enforcement of act 26 of 1996, the provisions of arbitrations act. ..... bareilly for appointment of an arbitrator under section 20 of the arbitration act, 1940 on 13th august, 1996 alleging that he had given a notice on 24.8.1995 in respect of the claim and asking for appointing an arbitrator but as no action was taken, he submitted the application for appointment of the arbitrator. ..... the petitioner had filed application under section 20 of the arbitration act and in paragraph 20 of the said application, it has been stated that he had submitted his claim on 24.8.1995. ..... (2) notwithstanding such repeal,-- (a) the provisions of the saidenactments shall apply inrelation to arbitralproceedings whichcommenced 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 enactment 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. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2244
..... a conspectus of the arbitration and conciliation act, 1996, would indicate that a matter relating to arbitrations and proceedings relating thereto may come up before the court on applications for orders of interim measure as visualised by section 9 of the act ; for assistance in taking evidence as provided in section 27(2) and for setting aside an arbitral award as provided by section 34 of the act. ..... if it is contrary to or inconsistent with substantive provisions contained in sub-section (4), to that extent, it carves out an exception to the general question of jurisdiction of the court in which award may be filed elsewhere provided in the act in respect of the proceedings referred to in sub-section (4). ..... as the foregoing discussion has tilted the scale in favour of the view that the powers of section 8(2) of the bengal, agra and assam civil courts do not permeate down to matters or proceedings under arbitration and conciliation act, 1996, the division bench decision copiouslycited by the counsel for the respondents, cannot be pressed into service to lend cogency to the impugned order. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3493
..... be allowed to seek relief under writ jurisdiction if at all they are aggrieved by the impugned order of the district judge, kanpur nagar, in the proceedings under section 34 of the arbitration and conciliation act, 1996, because adequate provisions relating to the filing of an appeal is made available under the said act, in any case, the petitioners have not come to this hon'ble court with clean hands and, therefore, they should not be given any equitable relief under the writ jurisdiction.'24. ..... reading of section 85(1), new act shows that the provisions of old -act (arbitration act, 1940) were saved to the extent that the said act continued to apply to the arbitral proceedings, which had commenced before the new act came into force subject, however, to the condition that the parties to the proceedings do not agree otherwise. ..... or any person claiming under him in respect of any matter agreed to be referred, any party tosuch legal proceedings may at any time before filing a written statement or taking any other steps in the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings ; and if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement and that the applicant was. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2004All227; 2004(2)ARBLR411(All); 2004(2)AWC1110; [2004]54SCL240(All)
..... the present appellants thereafter filed an application under section 9 of the arbitration and conciliation act, 1996 (hereinafter to be referred as the act) for the following reliefs :(a) 'pass an ad interim order staying operation of the order dated 3.10.2003 issued by respondent no. ..... the appeal arises out of an application filed under section 9 of the arbitration and conciliation act, 1996 by the present appellants, for grant of an injunction order. ..... none of the counsel could point out any other rules framed by this court under the arbitration of conciliation act, 1996. ..... as the aforesaid question is required to be answered keeping in view of the provisions of arbitration act, 1996, civil procedure code, 1908, court fees act as amended in u. p. ..... the court having jurisdiction to decide the questions forming subject matter of the arbitration if the same had been subject matter of a suit will have jurisdiction to entertain and decide an application under section 9 of the act excluding any civil court of a grade inferior to such principal civil court or any court of small causes.19. ..... 18 prescribes court fees under the arbitration act, 1940 for an application under section 14 or 20 of the arbitration act, 1940 and other applications under the arbitration act, 1940. ..... , or rules made and notification published, under the arbitration act, 1940 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. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC2721
..... it with a view to ascertain the feasibility, viability of the proposal for vertical division of immovable and movable properties and assets of the two private companies equally, after ascertaining the wishes of the shareholders and ultimately holding that the division is not practicably possible, can be made subject-matter of challenge by initiating proceedings under section 34 of the arbitration and conciliation act, 1996 (hereinafter referred to as 'the act') before the district judge, allahabad, being the principal civil court of original jurisdiction in the ..... in that case, arbitration without the intervention of the court was in fact pending, but no arbitration proceedings were pending ..... counsel for the contesting respondents appeared to be of the view that an award, and for that matter, an interim award means a judicial decision and that a decision is nothing but a determination arrived at after consideration of the facts and, in legal context, law. ..... to certain limitations and restrictions, such as, firstly, it can be exercised by the court to the same extent and in the same manner as it could for the purpose of in relation to any proceeding before it and, secondly, the exercise of the power to make interim arrangements should not militate against any power which might be vested in an arbitral tribunal. ..... by an elaborate order, the extent of the shares was determined and the final position, which emerged about the shareholding of the parties in the two companies, is described .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC897
..... it cannot be said that the provisions of section 42 of the arbitration and conciliation act, 1996 are in pari materia to the provision of section 105 of the act. ..... the provisions of section 42 of the arbitration and conciliation act, 1996 are quoted herein ..... my mind, the restriction imposed under section 105 of the act regarding institution of suit in the inferior court to district court connotes in respect of judicial exercise and not on administrative side. ..... it is a matter of consideration that the word 'any court inferior to a district court' used in section 105 of the act is meant the court inferior to district court in the administrative matters or inferior to a district court in respect of the exercise of judicial powers. ..... next higher forum against the orders of additional district judge will be the high court for the reasons that section 3 of code of civil procedure provides that the district court will be subordinate to the high court, hence the additional district judge cannot be termed separately to the district judge in exercise of the jurisdiction in judicial side. ..... has been held that the word 'district judge' in section 7(3)(b) of the industrial disputes act includes an additional district judge and it would be, therefore, unreasonable to exclude an additional district judge from that category of the district judge who for all practical purposes discharges the same judicial functions as the district judge.5. ..... has only concern with the judicial exercise of the powers.12. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2538
..... counsel for the respondents on the other hand contends that this petition is not maintainable in view of section 34 of the arbitration and conciliation act, 1996, a remedy open to the petitioner. ..... support of his contention, he further contends that the petitioner cannot seek remedy under section 34 of the arbitration and conciliation act. ..... rai next contends that the arbitrator had exceeded jurisdiction in entering into the question of management which was not one of the terms of reference out of the seventeen terms referred to the arbitrator and as such, the arbitrator had out-stepped the limits of ..... there is an appropriate remedy under section 34 and under section 9, as the case may be, the writ jurisdiction cannot be invoked in order to stretch the jurisdiction to the extent of usurping the jurisdiction of the courts under the said act and to render the provisions contained in the said act nugatory and irrelevant.12. mr. ..... be gone into at this stage since in view of the observation made above with regard to the determination of the question of parties, namely, whether a shareholder would be a party to a proceeding when there is a dispute between the directors and as to the extent of right of the shareholders in the facts and circumstances of the case. ..... the event, any of the grounds could be separated in that event, the award to the extent of such separated part is to be set aside. ..... that point also cannot be available to invoke the jurisdiction of this court to the extent to which mr. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC659
..... section 45 of the arbitration and conciliation act, 1996 reads as follows :'power of judicial authority to refer parties to arbitration. ..... although we have passed separate orders in this writ petition, yet we are agreed that section 9 of the arbitration and conciliation act, 1996 applies also to the proceedings under part ii of the act and hence interim relief can be granted by the civil court pending the arbitration proceedings.2. ..... without going into the merits of the case, we are of the opinion that section 9 of the arbitration and conciliation act, 1996 which provides for interim measures during arbitral proceedings applies also to provision under part ii of the act. ..... peculiarly enough, without resorting to the abovementioned procedure, the petitioners have filed writ petition praying for a declaration that section 45 of the arbitration and conciliation act. ..... similar provision is made under section 9 of the arbitration and conciliation act. ..... no doubt section 2(2) of the act states that part 1 applies where the place of arbitration is in india and section 9 is in part i of the act.but it is a settled principle of interpretation that in construing statutes, we must see the scheme of the act, the context, the object, etc.6. ..... non-obstante clause is not an impediment but is an enabling provision authorising the judicial authority to refer the parties to arbitration without restricting the powers of civil court to grant interim relief under section 9 of the act. .....
Tag this Judgment!