Judgment Search Results Home > Cases Phrase: arbitration and conciliation act 1996 section 5 extent of judicial intervention Court: chennai Page 3 of about 36 results (0.193 seconds)

Sundaram Finance Limited Rep. by the Assistant Manager (Legal) Vs. M.K ...

Court : Chennai

Reported in : AIR2006Mad218; 2006(1)ARBLR548(Madras); 2006(1)CTC433; (2006)1MLJ506

..... the only issue that arises for consideration in this appeal is, which is the principal civil court in respect of matters arising under the arbitration and conciliation act, 1996 (act for short) where the value of the subject matter is less than rs. ..... from a bare perusal of the definition, it is clear that the expression court as defined in section 2(1)(e) of the act would include a court having jurisdiction to decide the question forming the subject matter of arbitration if the same had been the subject matter of a suit. ..... , by using the words means, includes and does not include in clause (e) of section 2 of the act, has exhaustively explained the meaning of the term court, in that, the word means is a term of restriction, while the word includes is a term of enlargement and when both the words means and includes are used together to define a thing, the definition is intended to be exhaustive and not extensive and would cover only the principal civil court as defined and other courts are not comprehended. ..... again the legislature has used the word principal thereby meaning the first in importance or chief or main and the word grade used in section 2(e) of the act is suggestive of status and importance and it does not refer to a class or particular class inasmuch as the grade of a court depends on the pecuniary or other limitations of the jurisdiction of the particular court.5. .....

Moolchand Exports (P)ltd., (In Liquidation), Rep. by Official Liquidat ...

Court : Chennai

Reported in : 2004(3)ARBLR564(Madras); [2006]131CompCas194(Mad); 2004(4)CTC690; (2004)4MLJ182

..... datar, eventhough the arbitration (protocol and convention) act, 1937 and the arbitration act, 1940 and the foreign awards enforcement act, 1961 have been repealed by the arbitration and conciliation (third) ordinance, 1996, which was subsequently replaced by arbitration and conciliation act, 1996, in view of the non-obstinate clause under section 85(2) of the 1996 act, unless the parties to the award agree to adopt the provisions of the arbitration and conciliation act, 1996 for the enforcement of the award which was passed prior to the date of notification of the said ordinance, 1996 and the act 1996, such arbitral proceedings including the award ..... ), the arbitration act, 1940 (10 of 1940) and the foreign awards (recognition and enforcement) act, 1961 (45 of 1961) are hereby repealed.section 85(2):- notwithstanding such repeal:- a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this act came into force unless otherwise agreed by the parties but this act shall apply in relation to arbitral proceedings which commended on or after this act comes into force;b) all rules made and notifications published, the said enactments shall, to the extent .....

First International Line S.A. Vs. Chokhani International Ltd., D.B. Ma ...

Court : Chennai

Reported in : 2003(3)ARBLR225(Madras); (2003)3MLJ48

..... 11 of the arbitration and conciliation act, 1996 (in short 'the act') dated 25-6-1998 in o.p. no. ..... madan shipping (private) limited which had agreed for the arbitration and that in fact the letter dated 13-11-1996 was the arbitration agreement. ..... learned single judge has not accepted the claim of the appellant that this was an international commercial arbitration and as such the domestic arbitral tribunal had no jurisdiction to proceed with the same. ..... in short, the learned single judge has accepted the case pleaded by the first respondent that this was a domestic arbitration and was not an arbitration between the appellant and the first respondent. 10. ..... the two arbitrators did not agree upon a third arbitrator and hence, the first respondent filed o.p. no. ..... there were fresh talks between the first respondent and the second respondent and an agreement was entered into on 13-11-1996 by which, the first respondent agreed to accept certain amount in respect of the repairs done to the said two vessels while as regards the disputed amounts, respondents 1 and 2 agreed to appoint one arbitrator each and refer such disputes to the arbitration. ..... 2(1)(f) of the act and suggests on the basis of the language thereof that it is an arbitration relating to disputes arising out of legal relationship where one of the parties is a foreign national or a body corporate which is incorporated outside india. .....

M.Venugopal Vs. the Deputy Salt Commissioner and anr.

Court : Chennai

..... sunil kumar singh, ((2008) 2 scc 602), filing of original lease deed or a duly certified copy is a mandatory requirement under section 8(2) of the arbitration and conciliation act and the learned judge ought to have followed the said decision of the supreme court. ..... in view of the non-compliance of the mandatory requirement of section 8(2) of the arbitration and conciliation act, even though the lease deed dated 27.4.1988 has been filed as a plaint document to comply with the mandatory requirement of sub-section 2 of section 8, the respondents should have filed the original lease deed or the duly certified copy. ..... on behalf of the respondents, the learned additional solicitor general mr.m.ravindran appearing along with ms.maheswari submitted that section 8(2) of the arbitration and conciliation act is only directory and such procedural requirement cannot overpower the substantive relief. 10. ..... brief facts are that the appellant/plaintiff is the holder of lease no.62 of athipattu south salt factory lands covering an extent of 77.7950 acres leased to him in various survey numbers for the purpose of salt manufacture for the period of 20 years from 1.1.1988 to 31.12.2007. ..... therefore, there was a clear non-compliance with sub-section (2) of section 8 of the 1996 act which is a mandatory provision and the dispute could not have been referred to arbitration. .....

Tamil Nadu State Construction Corporation Limited, Jawaharlal Nehru Sa ...

Court : Chennai

Reported in : AIR2005Mad236; 2005(2)ARBLR622(Madras); III(2005)BC247; 2005(1)CTC401

..... section 34 of the arbitration and conciliation act limits the judicial intervention ..... interior design agreement is concerned, it refers to disputes and differences arising from that agreement which can be referred to named arbitrators and the said clause 5, in our opinion, comes into play only in a situation where there are no disputes and differences in relation to the main agreement and the disputes and differences are solely confined to the interior design agreement. ..... decided the four material propositions of law before going into the issues involved that there were 61 agreements entered into between the petitioner and the first respondent herein in respect of various items of work in the very same film city; that each agreement contains arbitration clause; that all the 61 agreements are in common form or more or less identical; that the 61 agreements are integrated items ..... the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless ..... petition under section 34 of the arbitration and conciliation act, 1996.2. ..... claim statement if not to what extent ? .....

Larsen and Toubro Limited, having Its Office at L and T House, Ballard ...

Court : Chennai

Reported in : 1998(1)CTC524

..... senior counsel for the 1st respondent has contended that interim relief cannot be granted as per section 41(b) of arbitration act, 1940 as section 9(2) in arbitration and conciliation act, 1996 is analogous to that of section 41(b) of the arbitration act, 1940.10. ..... (d) interim injunction or the appointment of a receiver;(e) ...and the court shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it'as the above section is very clear that the interim order can be passed by the court as per the arbitration and conciliation act, 1996, i find no force in the argument advanced on the side of the 1st ..... senior counsel appearing for the applicant has shown section 9(ii) of arbitration and conciliation act, 1996 which says -'9. ..... was contended on the side of the 1st respondent that as the applicant have already expressed their intention to refer the matter to arbitration and also specified the name of arbitrator, such questions need not be gone into at this stage and it is better to decide the only question whether the 1st respondent has a right to invoke the bank guarantee as per law. ..... the applicant herein has already sent a proposal for appointment of an arbitrator and the 1st respondent herein yet to state the name of the arbitrator. ..... court - a party, may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court:-(i)..... .....

Crompton Greaves Ltd. Vs. Sky Cell Communication Ltd. and ors.

Court : Chennai

Reported in : [2003]115CompCas832(Mad)

..... it had in its reply to the counter to its petition under section 9 of the arbitration and conciliation act, which culminated in the order dated 06.04.2000, stated that it was not against transfer per se, but that it did not have information about bharti to make up its mind. ..... 103 and 104 of 2000 on the original side of this court in february, 2000, under section 9 of the arbitration and conciliation act on the ground that it had consented for the transfer. ..... the company law board (clb) had also been brought into picture by the institution of a petition under section 409 of the companies act by the managing director of sky cell, rao, who had filed that petition on 22 august and on which an order had been made on 24 august, 2000, that the resolutions to be passed on 23 august are subject to further orders made by the clb. ..... transfer of cgl's shares to bharti is void under article 7.6 of the jva as the written consent of bellsouth has not been given for that transfer, and that the dispute raised by them regarding the validity of that transfer is arbitrable under the clause 21 of the jva which provides for arbitration of all disputes among the jva partners concerning the jva and its provisions, at london, by a panel of three lawyer arbitrators in accordance with the rules of international chamber of commerce.42. ..... that minutes is to be found in the minute book regularly maintained by the company under section 193 of the companies act, and is presumed to be true unless shown otherwise.53. .....

Ppn Power Generating Company Limited Rep. by Its Managing Director Mr. ...

Court : Chennai

Reported in : 2005(3)ARBLR354(Madras); [2006]129CompCas849(Mad); 2004(5)CTC1; (2004)4MLJ434

..... x (10) of 1940: the arbitration and conciliation act, 1996, shall not be applicable to this arbitration provision, to any arbitration proceeding or award rendered hereunder, or to any dispute or difference arising out of or in relation to ..... if the venue of the arbitration proceedings had been in india and if the provisions of the arbitration act of 1940, had been applicable, the suit and the arbitration proceedings could not have been allowed to go on simultaneously and either the suit would have been stayed under section 34 or if it was not stayed, and the arbitration were notified about the pendency of the suit, they would have had to stay the arbitration proceedings because under section 35 such proceedings would become invalid if there ..... if the discretion has been exercised by the trial court reasonably and in a judicial manner the fact that the appellate court would have taken a different view may not justify interference with the trial court' s exercise ..... (8) the principle of res judicata applies also as between two stages in the same litigation to this extent that a court, whether the trial court or a higher court having at an earlier stage decided a matter in one way will not allow the parties to re-agitate the matter again at a subsequent stage of the ..... if the discretion has been exercised by the trial court reasonably and in a judicial manner the fact that the appellate court would have taken a different view may not justify interference with the trial court' s exercise .....

Ramco Super Leathers Ltd. and anr. Vs. Associates India Financial Serv ...

Court : Chennai

Reported in : 2004(1)ARBLR241(Madras); (2004)1CompLJ171(Mad)

..... the application is filed by defendant to refer the applicant and the respondents to arbitration proceedings under section 8 of the arbitration and conciliation act, 1996. ..... the arbitration shall be conducted in accordance with the provisions of arbitration and conciliation act, 1996, rules thereunder, any amendments thereto and the language of the arbitration shall be english. ..... contending that under section 8 of the arbitration and conciliation act (hereinafter referred to as the act) judicial authority has power to refer the parties to arbitration where there is an agreement containing an arbitral clause. ..... section 8 of the act authorises the judicial authority to refer the parties to arbitration before which an action, in a matter which is the subject matter of the arbitration agreement, is pending or on application made to it by a party.11. ..... the conditions are :(i) the applicant shows that the action brought before the judicial authority is the subject matter of an arbitration agreement ;(ii) the application is filed not later than when submitting his first statement on the substance of the dispute ; and(iii) the application is accompanied by the original arbitration agreement or a duly certified copy thereof.10. ..... there are three procedural requirements of an application for referring the parties to arbitration, all of which must be cumulatively complied with before the application is entertained by the judicial authority. .....

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 .....