Court : Delhi
..... (comm) 293/2018 page 7 of 12 arbitration clause would continue to govern the post expiry transactions. reliance is placed on the judgement in the case of reva electric car company private limited v. green mobil, air2012sc739 which inter alia relies on everest holding limited v. shyam kumar shrivastava, (2008) 16 scc774 21. per contra ..... against the goods supplied to them; and conveyance of personal guarantee by mr. ashok sharma, a director of the respondent company, which amounted to written amendments to the said agreement. learned counsel also submits that the email dated 18.12.2009 sent by svs private limited to the respondent informing it of hiving ..... agreement stood expired by efflux of time. further, the respondent herein, even during the course of the arbitral proceedings, moved an application under section 16 of the act for dismissal of the arbitration proceedings.11. the appellant raised a claim of rs.16,29,05,341/- before the arbitral tribunal, which comprised of the following .....
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..... upon by the respondent is as under:-" 20. the submission of the learned counsel for the respondent that after insertion of sub-section (6-a) to section 11 of the amendment act, 2015 the jurisdiction of this court is denuded and the limited mandate of the court is to examine the factum of existence of an arbitration and relied on the judgment ..... on:06. 09.2019 pronounced on:29. 11.2019 arb.p. 6/2019 gogoal hydro private limited ........ petitioner through: mr. a.k. bajpai & mr. divakar kumar, advocates versus bharat heavy electricals limited ..... respondent through: mr. rajat kumar & vedant kumar, advocates coram: hon'ble ms. justice jyoti singh jyoti singh, j.1. this is a petition filed under section 11(6) of .....
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..... & construction co. ltd. (supra) the supreme court has re-examined the scope of the power of the court especially in light of the arbitration and conciliation (amendment) act, 2015 and held as under: to law would be relegated 35. what is clear, therefore, is that the expression public policy of india , whether contained in section ..... now done away with.38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the ..... kishorilal gupta & bros.,air1959sc1362 alopi parshad & sons ltd. v. union of india, air1960sc588 jivarajbhai ujamshi sheth v. chintamanrao balaji, air1965sc214and renusagar power co. ltd. v. general electric co. (1984) 4 scc679 air1985sc1156 o.m.p. (comm) 73/2018 page 14 in rashtriya ispat nigam ltd. v. dewan chand ram saran, 45. (2012) 5 scc306 .....
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..... excisable goods , in view of the following additional note to the general rule of interpretation of the schedule, in respect of the central excise tariff (amendment) act, 2004, whereby electrical energy was introduced in chapter 27 of the tariff: (c) tariff item means a description of goods in the list of tariff provisions accompanying either eight ..... the commissioner ), confirming the aforesaid demand of 2,81,82,486/-, representing 10%/5% of the price at which the respondent had sold electricity, to uppcl, during the period 1st january, 2007 to 31st march, 2011, along with penalty and interest. ceac192017 page 16 of 49 19. in so directing, the commissioner upheld the allegation ..... provision, if benefit of exemption is to be considered, this should be strictly considered. but the strictness of the construction of exemption notification does not mean that 15 2007 (215) elt3(sc) 16 2004 (174) elt422(all) 17 1989 (44) elt794(sc) ceac192017 page 26 of 49 the full effect to the exemption .....
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..... clarification whatsoever from the petitioner has straight away passed the impugned order rejecting the petitioner s request for registration of the amendment by observing as under:-" this is in reference to revised rules of delhi state electricity workers union which was filed on dated 28.2.2019 in the office of dy. labour commissioner east and north east ..... raised in the present petition, it wp (c) no.10254/2019 page 4 of 7 would be appropriate to refer to sections 28 (3) & 31 of the act as also to regulation 9 of the regulations, which read as under:-" section 28... [3]. a copy of every alteration made in the rules of a registered trade ..... in delhi hindustani mercantile association (supra) which read as under: a bare reading of the relevant provisions of the act brings out that the registrar has no authority to reject the amendment or direct that the application seeking amendments to be incorporated be rejected merely on the ground that the application was filed late. in view of section .....
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..... cases are co. app. 11/2019 page 7 of 25 distinguishable on facts.17. emphasis was placed on the word may used in the amended section 434 of the companies act whereby, the court may transfer such proceedings when an application in this regard is made by reference to proviso to section 434; and the ..... a winding up order is passed, the creditors are required to approach the liquidator and file their respective claims. reliance is placed on jaipur metals & electricals employees organisation v. jaipur metals & electricals ltd. civil appeal no.12023 of 2018, wherein the supreme court held: however, this does not end the matter. it is clear that respondent ..... of provided further that any party or parties to any proceedings relating to the winding up of companies pending before any court the insolvency and bankruptcy code (amendment)ordinance, 2018, may file an application for transfer of such proceedings and the court may by order transfer such proceedings to the tribunal and the proceedings .....
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..... ors., (2007) 7 scc753 iv) it is further stated that the power to transfer such matters under proviso to section 434(1)(c) of the companies act, 2013 is purely discretionary. reliance is also placed on the judgment of the supreme court in the case of jaipur metals & electricals employees organisation v. jaipur metals & electricals ltd.(supra) ..... any party or parties to any proceedings relating the winding up of companies pending before any court immediately before the commencement of the insolvency and bankruptcy code (amendment) ordinance, 2018 (order 6 of 2018), may file an application for transfer of such proceedings and the court may by order transfer such proceedings to ..... to section 434 (1)(c) provides that any party to winding up proceedings, pending before any court immediately before the commencement of insolvency and bankruptcy code (amendment) ordinance, 2018 (the said proviso has come into force w.e.f. 06.06.2018), may file an application for transfer of such proceedings and the .....
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..... ors., (2007) 7 scc753 iv) it is further stated that the power to transfer such matters under proviso to section 434(1)(c) of the companies act, 2013 is purely discretionary. reliance is also placed on the judgment of the supreme court in the case of jaipur metals & electricals employees organisation v. jaipur metals & electricals ltd.(supra) ..... any party or parties to any proceedings relating the winding up of companies pending before any court immediately before the commencement of the insolvency and bankruptcy code (amendment) ordinance, 2018 (order 6 of 2018), may file an application for transfer of such proceedings and the court may by order transfer such proceedings to ..... to section 434 (1)(c) provides that any party to winding up proceedings, pending before any court immediately before the commencement of insolvency and bankruptcy code (amendment) ordinance, 2018 (the said proviso has come into force w.e.f. 06.06.2018), may file an application for transfer of such proceedings and the .....
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..... ors., (2007) 7 scc753 iv) it is further stated that the power to transfer such matters under proviso to section 434(1)(c) of the companies act, 2013 is purely discretionary. reliance is also placed on the judgment of the supreme court in the case of jaipur metals & electricals employees organisation v. jaipur metals & electricals ltd.(supra) ..... any party or parties to any proceedings relating the winding up of companies pending before any court immediately before the commencement of the insolvency and bankruptcy code (amendment) ordinance, 2018 (order 6 of 2018), may file an application for transfer of such proceedings and the court may by order transfer such proceedings to ..... to section 434 (1)(c) provides that any party to winding up proceedings, pending before any court immediately before the commencement of insolvency and bankruptcy code (amendment) ordinance, 2018 (the said proviso has come into force w.e.f. 06.06.2018), may file an application for transfer of such proceedings and the .....
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..... ors., (2007) 7 scc753 iv) it is further stated that the power to transfer such matters under proviso to section 434(1)(c) of the companies act, 2013 is purely discretionary. reliance is also placed on the judgment of the supreme court in the case of jaipur metals & electricals employees organisation v. jaipur metals & electricals ltd.(supra) ..... any party or parties to any proceedings relating the winding up of companies pending before any court immediately before the commencement of the insolvency and bankruptcy code (amendment) ordinance, 2018 (order 6 of 2018), may file an application for transfer of such proceedings and the court may by order transfer such proceedings to ..... to section 434 (1)(c) provides that any party to winding up proceedings, pending before any court immediately before the commencement of insolvency and bankruptcy code (amendment) ordinance, 2018 (the said proviso has come into force w.e.f. 06.06.2018), may file an application for transfer of such proceedings and the .....
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