Court : Madhya Pradesh
Reported in : (2009)226CTR(MP)372
..... [4(v) of the statement of objects and reasons of the arbitration and conciliation act, 1996]. ..... objective has found expression in section 5 of the act which prescribes the extent of judicial intervention in no uncertain terms:5. ..... 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 ..... even in a case where the special law does not exclude the provisions of sections 4 - 24 of the limitation act by an express reference, it would nonetheless be open to the court to examine whether and to what extent the nature of those provisions or the nature of the subject-matter and scheme of the special law exclude their operation. ..... our view, even in a case where the special law does not exclude the provisions of sections 4 - 24 of the limitation act by an express reference, it would nonetheless be open to the court to examine whether and to what extent the nature of those provisions or the nature of the subject-matter and scheme of the special law excluded their operation. ..... our considered view, that even in a case where the special law does not exclude the provisions of sections 4 - 24 of the limitation act by an express reference, it would nonetheless be open to the court to examine whether and to what extent, the nature of those provisions or the nature of the subject-matter and scheme of the special law exclude their operation. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(1)ARBLR493(MP); 2003(4)MPHT564; 2004(1)MPLJ337
..... section 5 of the arbitration and conciliation act, 1996 (hereinafter referred to as 'the act') provides thus:--'extent of judicial intervention. ..... in view of sections 5 and 8 of the act not only the civil court but all the judicial authorities are restrained from intervening in the matters governed by part i of the arbitration and conciliation act, 1996 except where so provided in part i. ..... section 5, which is contained in part i of the new act, defines the extent of judicial intervention in arbitration proceedings. ..... section 5 brings out clearly the object of the new act namely, that of encouraging resolution of disputes expeditiously and less expensively and when there is an arbitration agreement, the court's intervention should be minimal.....'12. ..... (3) notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made.' 11. ..... the entire scheme of the act provides for challenge only to the arbitration award by taking recourse to section 34 of the act but not otherwise and, therefore, the trial court has rightly refused to entertain the suit for declaration and injunction holding it to be not maintainable, in view of the existence of arbitration clause in the hire purchase agreement.13. ..... ' section 8 of the said act provides as under :-- 'power to refer parties to arbitration where there is an arbitration agreement. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(4)MPHT505
..... 13/ 2004 whereby the application filed by appellants under section 34 of the arbitration and conciliation act, 1996 (which shall be referred hereinafter as 'ac act') was dismissed, while fa no. ..... western builders reported in 2007 (1) mplj 7, wherein hon'ble apex court has held as under:there is no provision made in the arbitration and conciliation act, 1996 that if any party has bonafidely prosecuted its remedy before the other forum which has no jurisdiction then in that case whether the period spent in prosecuting the remedy bonafidely in that court can be excluded or ..... western builders (supra) it is just and proper to remit this matter back of the trial court to decide whether the application for setting aside the award under section 34 of the arbitration and conciliation act filed by the appellant could be considered to be within the period of limitation i.e. ..... the arbitration and conciliation bill, 1995 which preceded the 1996 act stated as one of its main objectives the need 'to minimise 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. ..... by virtue of section 43 of the act of 1996, the limitation act applies to the proceedings under the act of 1996 and the provisions of the limitation can only stand excluded to the extent wherever different period has been prescribed under the act, 1996. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(2)MPHT174
..... by this petition under section 11 of the arbitration and conciliation act, 1996, (hereinafter referred to as 'conciliation act' for short), the petitioner prayed that a sole arbitrator preferably a retired judge of this court be appointed to decide the dispute, raised by the petitioner.2. ..... it was further observed therein that where the agreement lays down a procedure for appointment of an arbitrator referable to sub-section (2), the chief justice has merely to take necessary measures for enforcing the procedure laid down in the agreement for arbitration under sub-section (6) of 'conciliation act'; and that the chief justice or his designate has not to make any appointment but to enforce or compel a party to make the appointment in accordance with the agreed procedure.18. ..... it has further been provided in subsection (3) of section 11 of the 'conciliation act' that failing agreement referred to sub-section (2) in an arbitration with three arbitrators, each party shall appoint one arbitrator and the two appointed arbitrators shall appoint the third arbitrator, who shall act as the presiding arbitrator. ..... the period of thirty days is prescribed in sub-section (4) and sub-section (5) of the 'conciliation act', but the said provisions would come into play only when there is no agreement between the parties on a procedure for appointing the arbitrator or arbitrators as provided in sub-section (2) of section 11 of the 'conciliation act'.13. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(1)MPHT191; 2004(1)MPLJ465
..... is an application under section 11 of the arbitration and conciliation act, 1996 (hereinafter to be referred to as 'new act') for appointment ofarbitrator.2. ..... propositions have been laid down in this decision :--'(1) the provisions of the old act (arbitration act, 1940) shall apply in relation to arbitral proceedings which have commenced before coming into force of the new act (the arbitration and conciliation act, 1996). ..... the district court having the jurisdiction to decide the civil suit under the provisions of the civil procedure code would also have the territorial jurisdiction to decide the questions arising in the arbitration and the chief justice of the high court of the state in which such a district court is situate would have the territorial jurisdiction to entertain the application under section 11 of the act.12. ..... it has been held that in view of section 85(2)(a) of the new act the provisions of the old act of 1940 shall apply in relation to arbitral proceedings which commenced before the new act came into force and the provisions of the new act shall apply in relation to arbitral proceedings which commenced on or after the new act came into force. ..... other words, where the parties to a contract agreed to submit the disputes arising from it to a particular jurisdiction which would otherwise also be a proper jurisdiction under the law their agreement to the extent they agreed not to submit to other jurisdictions can not be said to be void as against public policy'. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(3)MPHT139
..... petitioner; nahar allied agencies filed an application under section 9 of the arbitration and conciliation act, 1996, in which relief was prayed to restrain the hindustan petroleum corporation limited from transferring its customer to ..... already of the proceedings under section 34 of the arbitration and conciliation act, 1996.2. ..... which has been allowed by the learned court-below as per order (p-7) dated 19-11-2003 on the ground that in the rule framed by this court in exercise of power conferred by section 82 of the arbtiration and conciliation act, 1996, notice has to be issued to the person liable to be affected by the application, as such impleadment has been allowed. ..... a party to the arbtiration agreement before the arbitrator, hence, in proceedings under section 34 of the arbitration & conciliation act, 1996 (hereinafter referred to as the 'act'), impleadment could not have been ordered.5. ..... another application was filed under section 9 of the arbitration & conciliation act, 1996 which was allowed by the ..... by the petitioner that rule framed by this court has to be harmoniously construed within the parameter of section 34 of the arbitration & conciliation act, 1996. ..... section 34 of the arbitration & conciliation act does not provide that notice can be issued ..... further submitted that word 'party' has been defined in section 2(1)(h) of act of 1996 means the party to arbitration agreement, hence, it is only the party to arbitration agreement which can be impleaded/noticed by the court.4 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPHT216
..... after acceptance of the tender, as pleaded, work order was issued in favour of the petitioner and thereafter, the petitioner approached the respondents for providing mark-out and handing over the site for commencement of the work but due to non-response of the respondents the petitioner was compelled to file an application under section 9 of the arbitration and conciliation act, 1996 (for brevity 'the act') before the learned district judge, jabalpur.3. ..... undisputedly, the question of the breach of the contract has not been decided by any competent authority, arbitrator, court or tribunal and unless such a decision is given by such an authority, the state would not be entitled to recover the money. ..... after adjudication of the claim by the said authority under the aforesaid clause of the agreement the petitioner has the right to refer the dispute under section 17-a of the 1983 act to the arbitration tribunal constituted under section 9 of the aforesaid statute. ..... because of this threat the petitioner preferred an application under section 9 of the act praying therein that the respondents be restrained from encashing the security deposit, taking possession and selling of the plant and machinery as also the material stored at the site. ..... in this backdrop prayer has been made for quashment of the notice dated 16-10-2003 contained in annexure p-3 and further not to give effect to the same till the adjudication is made by the arbitration tribunal under 1983 act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(2)ARBLR420(MP); 2003(1)MPHT515; 2003(1)MPLJ511
..... in the arbitration and conciliation act, 1996 'party' has been defined in section 2(h). ..... the arbitration & conciliation act, 1996 confines the right of filing an appeal to a party as defined in section 2(h) of the act. ..... 3 had operated the quarry for about 7 months, when agreement was terminated only 5 months 7 days period remained that has been now extended to one year 4 months which is impermissible and bad in law and is against the interest of exchequer as the petitioner is not a party to the arbitration agreement is not having right to file an appeal as provided in section 34 of act of 1996. ..... the argument, therefore, is that against an award pronounced by an arbitrator appointed under section 10a, a writ of certiorari would lie under article 226, and so, the arbitrator should be deemed to be a tribunal even for the purposes of ..... award (p-4) passed by arbitrator and the order (p-5) passed by the court of vth adj are ..... advert to the first question; as to the scope of interference in an award made by arbitrator and what is the scope of arbitrator. ..... requested for appointment of an arbitrator and respondent nos. ..... before the arbitrator petitioners filed an application for intervention and to participate in the proceedings which application was rejected by learned arbitrator. ..... the state exchequer is bound to suffer the loss of revenue if the period is extended by further 1 year 4 months in which state mining corporation would have earned more royalty to the extent of 2 crores, approximately. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(2)MPHT99; 2004(1)MPLJ521
..... it was contended that an unilateral act of rescinding the agreement (annexure a-7) vide resolution dated 23-8-2001 (annexure a-15) will not be valid and in any case under section 16 of the arbitration and conciliation act (for short 'the act') the non-applicant samiti ought to have agitate the grievance before the arbitrators only.4. ..... grievance, if any as to the subsequent agreement dated 22-8-2001 (annexure a-7), the non-applicant samiti should have raised objections under section 16 before the newly appointed arbitrators requesting to rescind the agreement dated 22-8-2001 (annexure a-7) by which the execution proceedings with reference to panch faisala (annexure a-2) ..... are set at liberty to agitate their grievance under section 16 of the act before the arbitrators appointed with reference to agreement dated 22-8-2001 ( ..... annexure a-2) was rescinded by fresh agreement dated 22-8-2001 (annexure a-7) and the arbitrators proceeded with the arbitration on 22-8-2001 itself, subsequent act of rescinding the agreement vide resolution dated 23-8-2001 (annexure a-15) needs adjudication by arbitrators only. ..... this case the court below ought not to haveproceeded to examine the applicability of the arbitration clauseto the facts of the case in hand but ought to have left that issueto be determined by the arbitral tribunal as contemplated inclause 40 of the dealership agreement and as required undersections 8 and 16 of the act.'5. ..... section 16 of the act confers jurisdiction to arbitral tribunal .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP13; 2002(5)MPHT245; 2002(3)MPLJ389
..... under section 37 of the arbitration and conciliation act, 1996 (hereinafter referred to as 'act' ..... namely : (a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement; (b) securing the amount in dispute in the arbitration; (c) detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of ..... was referrable to the arbitration tribunal and the jurisdiction of civil court was barred, as provided under section 7 and 20 of the adhiniyam, accordingly, the trial court was justified in holding that it had no jurisdiction to decide the application under section 9 of the act. 24. ..... section 20 of the adhiniyam further provides that from the date of constitution of tribunal and notwithstanding anything contained in arbitration act or any other law, for the time being in force, or in any agreement or usage to the contrary, no civil court shall have jurisdiction to entertain or decide any dispute of which cognizance can be taken by the tribunal under this act ..... attracted and the civil court was competent and had jurisdiction to consider and decide the application under section 9 of the act. 7 ..... and raised objections as per their reply (annexure a-12) regarding appellant's application (annexure a-11) under section 9 of the act .....
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