Judgment Search Results Home > Cases Phrase: arbitration and conciliation act 1996 section 5 extent of judicial intervention Court: chennai Page 1 of about 36 results (0.182 seconds)

The General Manager (Telecom) Madurai Secondary Switching Area, Depart ...

Court : Chennai

Reported in : 2005(4)CTC437; (2005)4MLJ210

..... aggrieved by the orders passed by hon'ble chief justice or his nominee judge in original petitions filed under section 11 of the arbitration and conciliation act, 1996 (hereinafter referred to as 'the act'), appointing arbitrators, central government organisations, namely, telecom department, southern railway, western railway, rajiv gandhi national institute, etc. ..... extent of judicial intervention. ..... impartial arbitrator is nominated. 21. ..... an arbitrator the chief justice or his designate must have regard to the qualifications required of the arbitrator in the agreement between the parties and to other considerations that will secure the nomination of an independent and impartial arbitrator.19.the function has been left to the chief justice or his designate advisedly, with a view to ensure that the nomination of the arbitrator is made by a person occupying high judicial office or his designate, who would take due care to see that a competent, independent and .....

IndusInd Bank Ltd. Vs. K. Nachimuthu

Court : Chennai

..... the learned counsel for the petitioner brings it to the notice of this court that section 5 of the arbitration and conciliation act, 1996 speaks 'extent of judicial intervention' and in fact no judicial authority was intervened except whereso provided in part (1) of the arbitration and conciliation act, 1996. 7. ..... further, unless the 'judicial authority' before whom the petition / application is filed under section 8 of the act, is a 'court' as defined within the meaning of section 42 read with clause (e) of section 2 of the arbitration and conciliation act, 1996, the 'judicial authority' shall not entertain subsequent proceedings arising under the arbitration agreement in view of section 42 of the act. 15. ..... to lend support to the contention that no judicial authority was intervened except whereso provided in part (1) of the arbitration and conciliation act, 1996, the learned counsel for the petitioner / defendant (bank) relies on the decision of the hon'ble supreme court reported in air 2003 sc 2881 whereby and whereunder it is observed as follows:- the language of section 8 is peremptory in nature. .....

Ford Credit Kotak Mahindra Limited Rep. by Its Authorised Signatory Vs ...

Court : Chennai

Reported in : AIR2005Mad218; 2005(2)ARBLR468(Madras); 2005(2)CTC487; (2005)2MLJ137

..... the above mentioned decisions and also the provisions of arbitration and conciliation act, 1996 make it clear that if a suit is brought by a party to the arbitration agreement namely suit to challenge the agreement or award, suit to affirm agreement or award, suit inspite of arbitration agreement are clearly barred by the provisions of section 8 of the act and relief, if any, has to be by way of provisions of the arbitration act itself.19. ..... the next section, which confers power on the court for judicial intervention is section 37(2) under which appeal can be filed against the order passed by the arbitral tribunal under section 16 (2) or (3) or against granting or refusing to grant interim measures under section 17. ..... extent of judicial intervention:- notwithstanding anything contained in any other law for the time being in force, in matters governed by this part, no judicial authority shall intervene except where so provided in this part.sec. 7. ..... the consent of the parties or from an order of the court or from a statute, the terms of which make it clear that the process is to be an arbitration,(3) the agreement must contemplate that substantive rights of parties will be determined by the agreed tribunal,(4) that the tribunal will determine the rights of the parties in an impartial and judicial manner with the tribunal owing an equal obligation of fairness towards both sides,(5) that the agreement of the parties to refer their disputes .....

M/s. Ennore Port Ltd., Chennai Vs. Hindustan Construction Company Ltd. ...

Court : Chennai

..... section in conjunction with section 5 makes it clear that an arbitration award that is governed by part i of the arbitration and conciliation act, 1996 can be set aside only on grounds mentioned under sections 34(2) and (3), and ..... interfere with the award passed by the arbitral tribunal, only on the grounds under section 34(2) and (3) of the arbitration and conciliation act, 1996. 15. ..... learned counsel appearing for the first respondent that the award is in contravention with the terms of the contract, falls under section 34(2)(iv) of the arbitration and conciliation act, 1996. ..... clauses in the contract, it is crystal clear that the dispute arising due to failure of compliance of the recommendations of drb is to be treated as one not becoming final and binding and the dispute shall be finally settled by the arbitration in accordance with the arbitration and conciliation act, 1996. ..... section 34 of the arbitration and conciliation act ..... extent of judicial intervention ..... not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral tribunal: provided that if the court is satisfied that the applicant was prevented by sufficient cause from making the application within ..... the time being in force, in matters governed by this part, no judicial authority shall intervene except where so provided in this part. 16. .....

India Cements Capital Finance Ltd. Vs. Kwality Spinning Mills Ltd. and ...

Court : Chennai

Reported in : [2000]102CompCas523(Mad); 2000(2)CTC267

..... section 5 of the arbitration and conciliation ordinance act, 1996 (hereinafter referred to as 'the act'), relates to the extent of judicial intervention, wherein it is observed that notwithstanding anything contained in any other law for the time being in force, in matters governed by this part, no judicial authority shall intervene except where so provided in this part. ..... applications filed by the defendants under order 14, rule 8 of the original side rules read with section 8 of the arbitration and conciliation act, 1996, and also under section 22 of the sick industrial companies act.2. ..... --the applicant is the defendant and it filed an application under section 8 of the arbitration and conciliation act, 1996, to dismiss c. s. no. ..... they have mechanically denied the factual statements made in the notice and, as such, they are not entitled to take shelter under section 11(5) of the arbitration and conciliation act, 1996. ..... the defendant replied that they are; not agreeable for having an arbitrator appointed by their chairman; but, however, communicated their willingness to refer the dispute under section 11 of the arbitration and conciliation act 1996. ..... when the agreement is questioned and challenged, section 8 also will not apply: under section 7(4)(b) of the arbitration act, 1996, only an exchange of letters, telex, telegrams or other means of tele-communications which provide a record of the agreement would constitute an arbitration agreement in writing. .....

M/S. Eden Exports Company Rep by Its Partner Vs. Union of India, Rep b ...

Court : Chennai

Reported in : 2013WLR1; 2013(1)CWC378

..... keeping in view the object of the msmed act, we have no hesitation in adopting section 5 of the arbitration and conciliation act, 1996, which prohibits interference of the judicial authority, to the awards passed under the msmed act. 26. ..... where the conciliation initiated under sub-section (2) is not successful and stands terminated without any settlement between the parties, the council shall either itself take up the dispute for arbitration or refer it to any institution or centre providing alternate dispute resolution services for such arbitration and the provisions of the arbitration and conciliation act, 1996 (26 of 1996) shall then apply to the disputes as if the arbitration was in pursuance of an arbitration agreement referred to in sub-section (1) of section 7 of that act. ..... on receipt of a reference under sub-section (1), the council shall either itself conduct conciliation in the matter or seek the assistance of any institution or centre providing alternate dispute resolution services by making a reference to such an institution or centre, for conducting conciliation and the provisions of sections 65 to 81 of the arbitration and conciliation act, 1996 (26 of 1996) shall apply to such a dispute as if the conciliation was initiated under part iii of that act. ..... ), has held that the judicial intervention in arbitration proceedings should be minimal. ..... section 5, which is contained in part i of the arbitration act, defines the extent of judicial intervention in arbitration .....

United Industrial Engineers and ors. Vs. Sundaram Finance Services Lim ...

Court : Chennai

Reported in : 2003(2)ARBLR470(Madras); (2003)2MLJ367

..... the case in brief is as follow : the present application is filed under section 8 of the arbitration and conciliation act, 1996 (hereinafter referred to as 'the act') to dismiss the suit and refer the matter to arbitration before the sole arbitrator already appointed. ..... further, section 5 of the act deals with the extent of judicial intervention and the section stipulates that in matters governed by part i of the act, no judicial authority shall intervene ..... only thereafter, the respondents have come forward with the suit alleging bias on the part of the arbitrator and gone to the extent of stating that the loan agreements had been secured by coercion and undue influence. ..... the learned counsel for the applicant mainly relied upon section 8 of the act and the language is peremptory and the matter has to be necessarily referred to arbitration since the execution of the loan agreements is admitted by the respondents and the passing off consideration under the respective loan agreement has also been ..... section 8 of the act very clearly stipulates that if a party before a judicial authority before which an action is brought in a matter which is the subject of an arbitration applies to the court to refer the parties to arbitration the court shall do so ..... is a specific embargo on the judicial authority before whom an action is brought in a matter which is the subject of an arbitration agreement. ..... section 5 of the act also stipulates that no judicial authority shall intervene except where so .....

Allied Blenders and Distillers Pvt. Ltd. Vs. Intellectual Property App ...

Court : Chennai

Reported in : AIR2009Mad196

..... company reported in : (2001) 8 scc 470 while considering the limitation under section 34(3) and its proviso as occurring in the arbitration and conciliation act, 1996, the apex court held that the express exclusion can also be inferred from the scheme and objectives of the act, one of which was to restrict judicial intervention in arbitral matters as much as possible. 27. ..... he then was) held that where legislature intended to prescribe a fixed time, it has specifically so done under section 21(1) and 21(2) of the act, but it has not so done under section 21(4), and the benefit of rule 53 would be available for registrar to give extended time to the parties to file evidence ..... the distinction between the provisions under the sub-sections (1) and (2) of section 21 on the one hand and sub-section (4) on the other was considered by a full bench of the delhi high court in hastimal ..... while looking at section 21, it is to be noted that the trade marks act, 1999 is an act to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of ..... section 29(2) of the limitation act lays down that where a special act provides a period of limitation different from the period specified under the limitation act, the provisions of section 4 to 24 of the limitation act will apply only so far as and to the extent to which, they are not expressly excluded by such special or local law to the suits, appeals or applications under the special law .....

Y. Steebachen Vs. State of Tamil Nadu

Court : Chennai

Reported in : AIR2007Mad240

..... wherein, the apex court has clearly held as follows:arbitration - arbitration and conciliation act, 1996 - section 34(3) and proviso - limitation - held, section 5, limitation act, 1963 not applicable to proceedings under section 34 for setting aside arbitral award - words 'but not thereafter' in proviso to sub-section (3) amount to an express exclusion within meaning of section 29(2), limitation act - express exclusion can also be inferred from history, scheme and objectives of the 1996 arbitration act, one of whose main objectives is to restrict judicial intervention in arbitral matters as much as possible - high court rightly affirmed the dismissal of appellant's application challenging the ..... it is only by virtue of sub-section (2) of section 29 of the limitation act, its operation is excluded to that extent of the area which is covered under the arbitration and conciliation act, 1996. ..... we need not overburden the judgment with reference to those cases because it is very clear to us by virtue of sub-section (2) of section 29 of the limitation act that the provisions of limitation act shall stand excluded in act of 1996 to the extent area which is covered by the act of 1996. ..... to this extent their lordship has stated that applicability of section 5 of the limitation act, will stand excluded, since there is no provision in the act of 1996 which excludes operation of section 14 of the limitation act. .....

Srikumar Textiles (P) Ltd., Vs. Sundaram Finance Ltd.

Court : Chennai

Reported in : 2008(1)ARBLR217(Madras)

..... the word 'court' used in sections 8, 9, 27, 34, 36 and 37 in part-1 of the arbitration and conciliation act, 1996 is referable to the court as defined in section 2(e) of the act, which means the principal civil court of original jurisdiction in a district and inclusive of high court in exercise of its powers of ordinary original jurisdiction, having jurisdiction to decide the question forming the subject matter of the arbitration, if the same had been the subject matter of the suit, it does not include any civil court or a grade inferior to such principal civil court or any ..... the extent of judicial intervention or the restriction placed on the court is confined only to the proceedings pending before the arbitral tribunal to the extent so provided under the act. ..... the issue to be decided is, what is the extent of judicial intervention, which the 'court' as defined in section 2(2) of act, could intervene in the proceedings covered under the arbitration act23. ..... judicial intervention is permissible in any matters arising out of sections 9, 27, 34, 36 and 37 in part-1 of the act and provisions, of the code of the civil procedure code are applicable to such proceedings.31. ..... section 5 of the act demarcates the extant of judicial intervention and it is extracted hereunder:notwithstanding anything contained in any other law for the time being in force, in matters governed by this part, no judicial authority shall intervene, except where so provided in this part.16. .....