Judgment Search Results Home > Cases Phrase: the arbitration extension to nagaiand act 1978 Page 1 of about 9 results (0.052 seconds)

Micromax Informatics Limited vs.shivi Enterprises

Court : Delhi

..... present petition has been filed under section 29a(4) of the arbitration and conciliation act, 1996 ( act ) seeking extension of time for completion of the arbitral proceedings and passing of the award.4. ..... learned arbitrator so appointed expressed that he did not want to continue with the proceedings and the respondent thus filed an application under section 11 of the act for appointment on an arbitrator. ..... this court vide order dated 01.11.2018 appointed the present arbitrator and granted time for completion of proceedings till 22.5.2019 commencing from the original date of commencement of proceedings i.e. ..... arbitration clause in the contract agreement was invoked ..... ) 196/2019 had granted extension of time by a period of six months from 22nd may, 2019 which has expired on 22nd november, 2019.8 ..... vide order dated 21st april, 2017, a sole arbitrator was appointed. ..... with the consent of the parties, time for completion of the proceedings and passing of the award is extended by a period of six months from 23rd november, 2019.11 ..... learned counsel for the respondent, on instructions, from the respondent submits that he has no objection to the time being extended.10 ..... learned counsel for the petitioner submits that the matter is at the stage of final arguments and is nearing conclusion ..... learned counsel for the respondent enters appearance on advance copy and accepts notice ..... he prays that the time be further extended for a period of six months ..... and differences having arisen between the parties, the o.m.p. .....

Pioneer Properties and Construction Co. Vs. Govt. of Nct Delhi and ors ...

Court : Delhi

..... the present petition has been filed by the petitioner under section 11 of the arbitration and conciliation act, 1996 for appointment of an arbitrator.2. ..... the relevant clause 25(ii) of the agreement provides that if the contractor does not make any demand for appointment of arbitrator in respect of any claims in writing within 120 days of receiving the intimation from the engineer-incharge that the final bill is ready for payment, the claims of the contractor shall be deemed to have been waived and absolutely barred and the government shall be discharged and released of all liabilities under the contract in respect of these claims.4. ..... reply by way of affidavit of sh.raveender kumar was filed by the respondent no.1 in which it is stated that several request were made to the petitioner to start the work and despite the provisional extension of time accorded to complete the work till 30th june, 2008, the work was not started. ..... 11th august, 2010, the petitioner raised some claims on the respondent no.1 and on 4th january, 2011, the petitioner requested for appointment of an arbitrator. ..... due to an inadvertent delay within the department, the letter of commencement was issued on 21st may, 2007 by letter not f.22(70)/20067/abcd-i/1008-21 whereby the work was awarded to the petitioner for an amount of `21,63,952/-.3. ..... i also agree with the learned counsel for the respondent that the respondent, in view of the said clause, is absolved of all the liabilities. .....

International Trenching Pvt. Ltd. Vs.power Grid Corporation of India L ...

Court : Delhi

..... this is a petition under section 29a of the arbitration & conciliation act seeking extension of time for making the arbitral award. ..... learned counsel for the parties submit that the delay has not occurred on account of any reason attributable to the arbitral tribunal and the parties have also been diligently prosecuting their respective cases.7. ..... the arbitral tribunal has noticed that the dispute arises out of an engineering contract and the documents, referred to by the parties, spread over several volumes.5. ..... it is contended by the learned counsel for the parties that the proceedings could not be concluded within the statutory period on account of demise of the presiding arbitrator and the delay that occurred in reconstituting the tribunal and secondly, on account of the very nature of the disputes between the parties, which are technical and involves several volumes of documents.6. ..... in the arbitral proceedings, mr. ..... the presiding arbitrator expired on 23.09.2016 and thereafter the present arbitral tribunal was constituted on 05.12.2016.3. ..... )32/2017 was appointed as the presiding arbitrator. ..... with the consent of the parties, the time for making the award was extended for a period of six months.4. ..... in view of the peculiar facts, as noted above, the time for making the award is extended by a further period of six months. ..... )32/2017 page 2 of 3 period of six months would be required for the conclusion of the proceedings and for making the award.8. .....

Ajmera Housing Corporation. Vs. Mfar Constructions Private Limited a C ...

Court : Karnataka

..... which would speak about the determination of rules of procedure, the exclusion of the applicability of the code oi civil procedure as well as the indian evidence act with reference to the arbitral tribunal is to be ..... the respondent no.1 initiated proceedings under section 11 ol the arbitration and conciliation act ..... is laxity is on the part of the petitioner in filing the counter claim inasmuch as sufficient time was granted after the arbitral proceedings have been commenced. ..... however, having regard to l he fact that the code of civil procedure is not applicable to the arbitral proceedings reasonable time is required to be assessed. ..... further submits that no serious progress is also made in the arbitral proceeding inasmuch as only issues have been framed and the matter is deferred for marking of the documents.8. ..... but however, the basis of counter claim is only alter the arbitral proceedings had ..... 17.3.2012 and 11.4.2012 there was another sitting on 24.3.2012 on which date the petitioner could have med the counter claim.apparently, pursuant to an order passed by this court an arbitration is appointed to resolve the dispute between the parties.indeed, it is to be noticed that the time to file the statement of objections as well as the counter claim was fixed on 26.12.!]. ..... the said counter claim has been rejected by respondent no.2 on the ground that the last date ior filing of the counter claim was 17.3.2012 and the petitioner had not sought for extension ot time lor filing of counter .....

M/s. Shriram City Union Finance Limited rep. by its Authorised Signato ...

Court : Chennai

..... (e) of the arbitration and conciliation act, 1996 and section 136 of the code of civil procedure, 1908 to direct the respondent to furnish security to the tune of rs.1,64,88,543/- or such sum that this hon'ble court may direct; within such time that this hon'ble court may stipulate along with an order of conditional attachment and in case of default to do so, order attachment of the property of the respondent more fully described in the schedule to the judge's summons through the district court, pune pending disposal of the arbitral proceedings ..... and the enforcement of the ..... ii) the loan agreement said to have been executed on behalf of respondent no.1 is not backed by a special resolution, which is necessary for extension of loan to a private company. .....

M/S Umaxe Projects Private Limited Through: Its Director vs.air Force ...

Court : Delhi

..... the present petition under section 9 of the arbitration and conciliation act (hereinafter referred to as act ), seeks interim reliefs as under:-" a. ..... he submits that this can be achieved by ordering respondent no.1 to deposit the amount of the bank guarantees in the court and further a condition be imposed that the appropriation of the amount so deposited would be subject to the outcome of the arbitration proceedings. ..... in the present situation, i would not consider it appropriate to delve into the question of legality and validation of the action of the respondent and in my opinion the same should be left for determination by the arbitral tribunal. ..... needless to state that the opinion expressed by this court in the present order would not be binding on the arbitral tribunal. ..... the arbitral tribunal as and when constituted shall decide the claims and counter-claims of the o.m.p. ..... petitioner that respondent no.1 was informed through various letters about the various difficulties it was facing in timely completion of the project and requested for extension of time and the respondent no.1 vide its letter dated 6th june 2019 required the... ..... petitioner is misleading the court by contending that the letter dated 6th june 2019 was as an extension of the contract. ..... when the project director noted that there was no visible progress in the construction despite the extension, the contract was terminated. ..... petitioner and cannot be construed as extension. .....

M/S M.S. Shoes East Ltd. Vs. Pressman Ltd.

Court : Delhi

..... this is an application preferred by the defendant for condonation of delay in preferring objections under section 30 and 33 of the arbitration act, 1940 (in short the 1940 act). ..... ordinarily the objections of the defendant would follow the same fate as ia no.13652/2013; however, since, presently, i do not hold the arbitration roster, in fitness of things, list the suit and the objections before the roster bench, on 16.01.2015, for appropriate orders. ..... no attempt was made, it appears, by the counsel for the applicant/ defendant, to ascertain the exact position vis- -vis the arbitral record, till the following date, i.e. ..... 7.4 the applicant/ defendant seeks to explain the delay after 15.01.2013, when it admittedly received a notice from the registry of filing of the award, by taking recourse to the fact that the arbitral record was not filed. ..... second, the defendant be granted an extension of 30 days for filing objections to the award, commencing from the date when the records are provided to it. ..... registrar disposed of ia no.12438/2013, filed by the applicant/ defendant seeking extension of time to file objections, by according two (2) weeks for the said purpose. ..... registrar, despite opposition of the non-applicant/ plaintiff to the extension of time sought by the applicant/ defendant to file objections to the award. ..... registrar granting extension of time to file objections, was set aside.6. .....

Ntpc Limited vs.patel Engineering Limited

Court : Delhi

..... this petition under section 34 of the arbitration & conciliation act, 1996 has been filed by the petitioner challenging the arbitral award dated 01st december, 2017 passed by the arbitral tribunal adjudicating the disputes which had arisen between the parties in relation to the award of work of construction of head race tunnel o.m.p. ..... while there is no doubt that if the agreement prohibits the award of interest for the pre-award period, that is pre-reference and pendente lite period, the arbitral tribunal cannot award interest for the said period, in my opinion, in the present case, i find no such prohibition in clause 77 and 78 of the copa so far the claim of the respondent on which such interest has been awarded by the arbitral tribunal.20. ..... he further submits that as the arbitral tribunal has concluded that the present case was not the case of frustration as provided in clause 66.1 of the gcc, clause 65.8.2 of the copa, which provides for the consequences of foreclosure of the contract, shall not be applicable.8. ..... the at has discussed the case law extensively and in particular the decision in state of u.p. v. ..... clause 40.2 provides for extension of time and addition of amount to be determined to the contract price for the cost incurred by the contractor due to such suspension. ..... the petitioner had granted extension of time to the respondent upto 31st october, 2012 without levy of compensation. .....

The Commissioner, Bangalore Development Authority and anr. Vs. State o ...

Court : Karnataka

Reported in : ILR2006KAR318; 2006(1)KarLJ1

..... thereafter disputes arose between the petitioners and the landowners, which matter was referred to the arbitration and the validity of the agreement has been upheld by the arbitrator. ..... notification, detailed plan was prepared, which gave the particulars of the main features of the extension to be formed, land which is required for execution of the scheme, how laying and relaying of land and formation and alteration of streets to be carried out, the drainage, water supply and electricity particulars, how the roads have to be asphalted, appropriate expenditure required for the same, how much area is earmarked for sites, how much area for parks and playgrounds, how much area ..... it is in this background we called upon the bda as well as the government to make available the original records for our perusal, which were made available to us.the records produced by the bda shows that the authority intended to form a residential layout and originally it was called as hennur-banaswadi extensions 1, 2 and 3 which is situated adjoining bellary road. in k.r. ..... the said right was omitted by the constitution (forty-fourth amendment) act, 1978 which came into force from 20-6-1979. ..... if they relate to the same subject-matter, to the same situation and both substantially overlap and are co-extensive and at the same time so contrary and repugnant in their terms and impact that one must perish wholly if the other were to prevail at all', then, only then, are they inconsistent.34. .....

S.S. Bola and Others Vs. B.D. Sardana and Others

Court : Supreme Court of India

Reported in : AIR1997SC3127; JT1997(6)SC637; 1997(5)SCALE90; (1997)8SCC522; [1997]Supp2SCR507

..... the amendment act, 1978 by operation of the panchayat act, the ex-member employees were allocated to the ..... that a direct recruit steals a march over the promotees, but so long as the operation of law is within the play of law and the constitution, the consequences are inevitable and the plea of continuous length of service gets obliterated and thereby arbitration does not get sustenance over majesty of the constitution and lend colour to overcome writ ..... the high court declared that the requirement of the law was not met in dealing with the municipalities and extending limits of the kota municipality under that act; subsequently, kota municipality limits extension and validation ..... satisfactory, dispense with his service, if recruited by direct appointment; or (d) if recruited otherwise (i) revert him to his former post; or (ii) deal with him within the terms and conditions of his previous appointment; or (e) extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the first period of probation: provided that the total period of probation, including extension, if any, shall not exceed three years ..... the validating act, with a non obstante clause contained in sections 4 to 7 of the 1954 act, took away the effect of any judgment, decree or order or direction of any other court in the matter of extension of the limits of kota municipality to include raipura and ummedganj so that they could be deemed always to have been continued to exist within .....