Court : Delhi
..... , filed under section 37 of the 1996 act, before this court. the challenge was premised on two grounds. first, that the learned arbitrator had observed that non-existence of the arbitration agreement was his ..... which was signed only by the appellant before the court. the arbitrator, based on an application moved by the respondent under section 16 of the 1996 act, came to a prima facie view that there was no arbitration agreement in existence between the parties. this order of the learned arbitrator was challenged in appeal ..... examined the issue at length and thereupon, inter alia, made the following observations in the context of the provisions of section 7 (5) of the 1996 act: 22 a general reference to another contract will not be sufficient to incorporate the arbitration clause from the referred contract into the contract under consideration. there should .....
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..... 'ble mr. justice manmohan manmohan, j: (oral) judgment1 present suit has been filed for permanent injunction restraining infringement of trade mark, passing off, accounts of profits under the trade marks act, 1999.2. it is averred in the plaint that the plaintiff is the registered proprietor of trade mark sony in around 193 jurisdictions in the cs (comm) 1187/2018 page ..... 1 of 4 world including in india where the said mark is registered in various classes under the trade marks act, 1999.3. it is further averred in the plaint that the trade mark/name sony of the plaintiff has been recognized as a well known mark by the courts of .....
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..... chairpersons and alternate chairpersons shall ensure that notices for convening the aforesaid meetings, along with copies of the proposed scheme and the statement under section 393 of the act along with the proxy form, shall be sent to all the applicants herein by speed post at their registered or last known addresses at least 21 (twenty one ..... heard separately.22. accordingly, in my opinion, it would be in the interest of justice, if separate meetings are called for under section 391 of the companies act, 1956 for allottees of block a of spire edge project, allottees of furnished offices of spire edge project, allottees of block e of spire edge project, equity ..... provisions of the statute have been complied with, second, that the class was fairly represented by those who attended the meeting and that the statutory majority are acting bona fide and are not coercing the minority in order to promote interest adverse to those of the class whom they purport to represent, and thirdly, that the .....
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..... (capf) in 2001 and was placed under the administrative control of ministry of home affairs (mha). later, on 20.12.2007, sashastra w.p.(c) 940/2016 page 1 of 5 seema bal act was passed by parliament. on 01.02.2005, mha by an office memorandum purported to combatize various posts including those in the military ..... cadre of sashastra seema bal (ssb). the relevant extracts of that order are as follows :3. 2. on combatisation, the afore-mentioned medical officers will ..... to what was directed in respect of the petitioners in kolkata and allahabad high courts. the petitioner was directed to be kept at the concerned position jw school, sashastra seema bal, gwaldam (uttarakhand).6. mr. bhardwaj, learned counsel appearing on behalf of union of india contended that once all posts stood combatized and the applicant s position .....
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..... saxena, advs. coram: hon'ble mr. justice rajiv shakdher rajiv shakdher, j.(oral) this is a petition filed under section 29a of the arbitration and conciliation act, 1996 (in short 1996 act ).2. by virtue of this petition, the petitioner seeks extension of time for conclusion of the arbitration proceedings. the record pertaining to the instant petition and the ..... the parties herein are locked in a fierce legal battle. 2.1 the petitioner had earlier approached this court by way of a petition under section 9 of the 1996 act, wherein, based on certain representations made, an interim order dated 25.7.2016 was passed, which, restrained the respondent from taking any coercive steps. this order, however, ..... operation of the order dated 25.7.2016 with a direction that the section 9 petition will be treated as a petition filed under section 17 of the 1996 act before the arbitral tribunal and that the same would be decided in accordance with law.6. i am told that in order to hasten the process, the .....
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..... counter claim of the respondent was rejected by the arbitrator, which was also a subject matter of a separate petition under section 34 of the arbitration and conciliation act, 1996. however, the learned single judge allowed the objections of the appellant herein with respect to counter claim raised by the respondent. disputes arose between the ..... award as also the order passed by the learned single judge which would require interference in proceedings arising out of section 37 of the arbitration and conciliation act, 1996. he submits that the understanding of the parties were crystal clear and the reason for seeking such adjustment was as the work did not progress as ..... the facts to find out whether a different decision can be arrived at. 14. even otherwise, the scope of interference in proceeding under section 37 of arbitration and conciliation act, 1996 is even narrower. in the case of state trading corporation of india vs. helm dungemittel gmbh & anr., fao (os) (comm) 76/2016 decided on .....
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..... in accordance with the dac rules. the parties agree that such sole arbitrator shall be a retired judge of the supreme court of india who has not previously acted as arbitrator in any disputes concerning either of the parties or their affiliates.3. the parties agree that the venue of the arbitration proceedings shall be at ..... by thousands of bikers with participation of 100 clubs and 75 exhibitors from india and overseas as all arrangements had been completed, the restrain was bound to act in a prejudicial manner.8. the ngc s position was that this court had jurisdiction in view of the addendum which directed the parties to seek recourse ..... dates for the 2017 ibw event unilaterally agreed ngc.3. in these circumstances, the ngc approached the additional district judge (adj), gurugram under section 9 of the act (arb.caseno.54/2017). the ngc issued a notice calling upon orangefish from ceasing and desisting from exploiting the ibw trademark and also arbitration, in accordance with clause .....
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..... : hon'ble mr. justice rajiv shakdher rajiv shakdher, j.(oral) 1 these are petitions in which recourse has been taken to section 11 of the arbitration and conciliation act, 1996 (in short 1996 act ). the petitioners claim that despite notice having been issued to the respondents, there has been no movement in the matter. 2 learned counsel for the respondents, on the ..... other hand, says that in view of the provisions of section 3g of the national highways act, 1956 being in operation, the captioned petitions are not maintainable. according to the learned counsel for the respondents, this aspect of the matter stands concluded by the judgment of the .....
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..... have been held by the learned arbitrator.20. given these circumstances, the petitioner, evidently, moved the court of the adj at tis hazari under section of the 1996 act for appointing a substitute arbitrator.21. this application, however, was dismissed by the learned adj vide order dated 30.8.2016.22. given this circumstance, on 12.11 ..... also filed a civil suit for recovery in which, admittedly, the respondents filed an application under section 8 of the arbitration and conciliation act, 1996 (in short 1996 act ). 12.1 the suit was filed by the petitioner in and about 12.1.2012. 12.2 the application filed by the respondents under section 8 ..... of all liabilities under the mou.11. in and about 10.6.2011, the petitioner filed a complaint in the concerned court under section 138 of the negotiable instruments act, 1881, in respect of the cheque which was dishonoured. 11.1 this complaint was, however, dismissed by the concerned court.12. apart from the above, the petitioner .....
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..... of india ........ petitioner through: mr. sudhir nandrajog, sr. adv. with mr. shailendra pratap singh, mr. alok singh, mr. deepak shukla, mr. nilendra pratap singh, ms. seema singh, ms. chandrika prasad mishra and ms. richa rajesh, advs. versus gayatri lalitpur roadways limited ..... respondent through: mr. arun kathpalia, sr. adv. with mr. angad mehta, ..... costs.3. the petitioner being aggrieved has approached this court by way of the instant petition filed under section 34 of the arbitration and conciliation act, 1996 (in short 1996 act ). therefore, what i am required to examine is: as to whether the conclusion reached by the arbitral tribunal emerges from the record, ..... of the c.a. therefore, the arbitral tribunal s finding that there was no waiver, an aspect which stands encapsulated in section 63 of the contract act, was erroneous. (vii) seventh, the arbitral tribunal failed to notice that the chairperson of the respondent had, in fact, reprimanded the respondent s team leader .....
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