Judgment Search Results Home > Cases Phrase: arbitration and conciliation act 1996 section 5 extent of judicial intervention Page 3 of about 733 results (0.116 seconds)

Chintels India Ltd. Vs. Bhayana Builders Pvt. Ltd.

Court : Supreme Court of India

..... three appeals before us raise questions as to maintainability of appeals under section 37 of the arbitration and conciliation act, 1996 (hereinafter referred to as the arbitration act, 1996 ), and, given the arbitration clause in these proceedings, whether the seat of the arbitration proceedings is new delhi or faridabad, consequent upon which a petition under section 34 of the arbitration act, 1996 may be filed dependent on where the seat of arbitration is located.27. ..... he relied strongly upon section 5 of the arbitration act, 1996, by which it was statutorily made clear that judicial intervention is to be minimal in the arbitration process. ..... though undoubtedly the scheme of expediency and limited judicial intervention is ingrained in the arbitration act but at the same time it cannot be forgotten that the act nevertheless provides remedies against the arbitral award and it is felt that to vest the order, of any commercial court in the country refusing to condone the delay in applying for setting aside of the award, and which delay can be for varying reasons as diverse as the social, geographical and economic conditions prevalent in this country, and not even providing any ..... extent of judicial intervention. ..... there is always peril in treating the words of a speech or a judgment as though they were words in a legislative enactment, and it is to be remembered that judicial utterances are made in the setting of the facts of a particular case.11. .....

Brahan Dutt Shukla Vs. Ashok Leyland Finance

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. .....

Morgan Securities and Credits Pvt. Ltd. Vs. Morepen Laboratories Ltd. ...

Court : Delhi

Reported in : 2006(3)ARBLR159(Delhi); 132(2006)DLT588; 2006(91)DRJ618

..... mehta that the argument based on the premise that no objections were filed under section 34 of the arbitration and conciliation act, 1996 and, thereforee, the award became final and binding and enforceable and, as such cannot be brushed aside by the executing court, is incorrect because, according to him, even a compromise decree of a civil court in a regular suit can be challenged by way of appeal under order xliii rule 1a (2) of the code of civil procedure, 1908 and, as such, objections in execution of such a compromise decree can be entertained by the executing ..... section 5 of this act limits the extent of judicial intervention and provides that notwithstanding anything contained in any other law for the time being in force, in matters governed by part i (section 2 to section 43), no judicial authority shall intervene except where so provided in part i. ..... creditor to repay any sum which it considers to be repayable in respect thereof;(iii) set aside either wholly or in part or revise or alter any security given or agreement made in respect of any loan, and if the creditor has parted with the security, order him to indemnify the debtor in such manner and to such extent as it may deem just:provided that, in the exercise of these powers, the court shall not-(i) re-open any agreement purporting to close previous dealings .....

Surinder Kumar Beri & Anr. Vs.deepak Beri & Anr.

Court : Delhi

..... these are two separate objections have been filed under section 34 of the arbitration and conciliation act, 1996 (hereinafter referred to as arbitration act ) by the petitioners seeking to challenge the award dated 02.08.2016 passed by the learned arbitrator.2. ..... at this juncture, it would be relevant to note some provisions of the arbitration and conciliation act, 1996. ..... the audi alteram partem principle which undoubtedly is a fundamental juristic principle in indian law is also contained in sections 18 and 34(2)(a)(iii) of the arbitration and conciliation act o.m.p. ..... section 5 of this act limits the extent of judicial intervention o.m.p. ..... in my opinion, the award to the extent it is in terms of the aforesaid agreements entered into by the parties is as per the procedure stated in the arbitration act and cannot be faulted with. ..... page 13 of 23 and provides that notwithstanding anything contained in any other law for the time being in force, in matters governed by part i (section 2 to section 43), no judicial authority shall intervene except where so provided in part i. ..... hence, the award to the extent that it gives directions de hors the agreement between the parties, namely, annexure a, b and c to the award are illegal and being severable, is set aside. ..... it is clear that the juristic principle of a "judicial approach" demands that a decision be fair, reasonable and objective. ..... the award to the extent it is passed based on annexure a, b and c is upheld.35. .....

S.v. Samudram Vs. The State Of Karnataka

Court : Supreme Court of India

..... this 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 not ..... extent of judicial intervention ..... this court has not lost sight of the fact that, as a consequence to our discussion as aforesaid, holding that the judgment and order under section 34 of the a&c act does not stand judicial scrutiny, an independent evaluation of the impugned judgment may not be required in view of the holding referred to supra in mmtc ..... when the arbitrator/arbitral tribunal has failed to adopt a judicial approach in deciding the dispute. ..... it is a settled principle of law that arbitral proceedings are per se not comparable to judicial proceedings before the court (dyna technologies private limited ..... intervention of the court is envisaged in few circumstances only, like, in case of fraud or bias by the arbitrators, violation of natural justice, ..... 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. ..... if the argument of delay and laches on part of the department is accepted, it cannot be ruled out that the department always in right path and the extent of the same cannot be ..... to efficiently encapsulate the extent thereof particularly in the context of indian awards, we may refer only to para 37 where it has been held .....

Maharashtra State Electricity Distribution Company Limited Vs. Vijai E ...

Court : Mumbai

..... this 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 section 34(2) and (3), and not ..... extent of judicial ..... is with this very important caveat that the two fundamental principles which form part of the fundamental policy of indian law (that the arbitrator must have a judicial approach and that he must not act perversely) are to be understood ..... must be remembered is that the importance of a judicial approach in judicial and quasi-judicial determination lies in the fact that so long as the court, tribunal or the authority exercising powers that affect the rights or obligations of the parties before them shows fidelity to judicial approach, they cannot act in an arbitrary, capricious or whimsical manner ..... narrower meaning to the expression "public policy" was given therein by confining judicial review of the arbitral award only on the aforementioned three grounds ..... . judicial approach ensures that the authority acts bona fide and deals with the subject in a fair, reasonable and objective manner and that its decision is not actuated by any ..... . although the hudson formula has received judicial support in many cases, it has been criticised principally because it adopts the head office overhead percentage from the contract as the factor for calculating the costs, and this may bear little or no relation to the actual head office costs of .....

Larsen and Toubro Limited and Another Vs. Hindustan Petroleum Corporat ...

Court : Mumbai

..... the judicial discretion vested in the court in terms of the provisions of section 34 of the arbitration and conciliation act, 1996 takes within its ambit power to set aside an award partly or wholly depending on the facts and circumstances of the given case. ..... both these appeals, under section 37 of the arbitration and conciliation act, 1996 (for short, the arbitration act ) (appeal and counter-appeal), filed by both the contesting parties (claimant and respondent no.1), against judgment and order dated 16 november 2005, passed by the learned single judge on a petition under section 34 of the arbitration act in arbitration petition no. ..... this 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 section 34(2) and (3), and not otherwise. ..... extent of judicial intervention. ..... hpcl has submitted their evidence before the learned arbitrator that there was only 10/11 days delay and they had incurred losses to the extent of rs.2.52 crores. ..... there is an error in the impugned judgment to this extent of reversing the award for all the extra works by stating it to be within the scope of the contract. ..... the impugned judgment, therefore, itself required to be interfered with, at least to this extent. .....

Asiasoft (India) Pvt. Ltd. Vs. Globesyn Technologies Ltd. and anr.

Court : Delhi

Reported in : 2005(2)ARBLR264(Delhi); [2006]129CompCas704(Delhi); 119(2005)DLT665

..... application filed by the defendants invoking section 5 and 8 of the arbitration and conciliation act, 1996 is being disposed of by the present order. ..... sh.biswajeet bhattacharya, counsel for the defendants urged that mandate of section 5 of the arbitration & conciliation act, 1996 prohibited a judicial authority to determine any dispute which was the subject matter of an arbitration agreement between the parties. ..... extent of judicial intervention. ..... (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.2. ..... counsel urged that mandate of section 8 required a judicial authority before which an action is brought to refer the parties to arbitration if the subject matter of the action was the subject matter of an arbitration agreement.4. ..... - (1) a judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute refer the parties to arbitration. ..... - 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.8. .....

Associate Builders Vs. Delhi Development Authority

Court : Supreme Court of India

..... this 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 section 34 (2) and (3), and not otherwise ..... extent of judicial intervention. ..... it is with this very important caveat that the two fundamental principles which form part of the fundamental policy of indian law (that the arbitrator must have a judicial approach and that he must not act perversely) are to be understood. ..... what must be remembered is that the importance of a judicial approach in judicial and quasi-judicial determination lies in the fact that so long as the court, tribunal or the authority exercising powers that affect the rights or obligations of the parties before them shows fidelity to judicial approach, they cannot act in an arbitrary, capricious or whimsical manner. ..... was given therein by confining judicial review of the arbitral award only on the aforementioned three grounds ..... judicial approach ensures that the authority acts bona fide and deals with the subject in a fair, reasonable and objective manner and that its decision is not actuated by any extraneous ..... although the hudson formula has received judicial support in many cases, it has been criticised principally because it adopts the head office overhead percentage from the contract as the factor for calculating the costs, and this may bear little or no relation to the actual head office costs of the contractor .....

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. .....