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Judgment Search Results Home  Phrase:arbitration and conciliation act 1996 section 13  Court:chennai

Jun 09 2008

Kwality Spinning Mills Ltd. and Anr. Vs. India Cements Capital Finance ...

  • Decided on : 09-Jun-2008

Court : Chennai

Reported in : [2008]145CompCas288(Mad)

... arbitrator under Section 13(2) of the Arbitration and Conciliation Act, 1996, challenging the appointment of the second respondent as the arbitrator of the first respondent-company. This application was dismissed by the second respondent by order dated June 14, 2000.6. In June 2000, the petitioners filed another application under Section 22 of the Sick Industrial Companies (Special Provisions) Act ... Section 22 of the SICA, 1985 is not maintainable as Section 22 will not apply to arbitration proceedings initiated under the provisions of the Arbitration and Conciliation Act, 1996.18. The second respondent/arbitrator by order dated July 11, 2000, dismissed the petition by holding that Section 22 of the SICA, 1985 is not applicable to the proceedings initiated under the Act of 1996 ... arbitrator.17. The first respondent filed a counter-affidavit opposing the application, wherein they have stated that the said petition filed by the petitioners herein under Section 22 of the SICA, 1985 is not maintainable as Section 22 will not apply to arbitration proceedings initiated under the provisions of the Arbitration and Conciliation Act, 1996.18. The second respondent/arbitrator ...

Aug 25 2005

The General Manager (Telecom) Madurai Secondary Switching Area, Depart ...

  • Decided on : 25-Aug-2005

Court : Chennai

Reported in : 2005(4)CTC437; (2005)4MLJ210

... challenge procedure contemplated under the Act empowers the Arbitrator to decide all disputes including the Constitution of the Tribunal, its `jurisdiction, the existence of the Arbitration clause etc., and any such decision is open to challenge under Section 34 of the Arbitration and Conciliation Act, 1996.ix. The intention of the legislature while enacting the Arbitration and Conciliation Act, 1996 was to minimize ... decision making process and not in the decision itself. Even if writ is maintainable, yet, in view of Section 16 read with Sections 12 and 13 almost all disputes can be raised and agitated before the Arbitrator and as the above alternate efficacious remedy is available writ court will not entertain a challenge to the ... Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.iii. If prior to filing the petition under Section 11 of the Act, the appointing authority appoints the arbitrator as stipulated in the Agreement, then, the said reference is valid.iv. Once the petition for appointment is filed before the Court, then, the other party abdicates its right to appoint the Arbitrator ... filed under Section 11(4) of the Act seeking for appointment of an Arbitrator. Further, only after satisfying all pre-requisites for invocation of Arbitration and Conciliation Act, 1996, the Chief Justice or his Designated Judge appointed the Arbitrator. It is also brought to our notice that the other party has not referred the matter to arbitration till such time ...

Apr 15 2008

Lakshmi Shankar Mills (P) Ltd., Vs. The Authorised Officer/Chief Manag ...

  • Decided on : 15-Apr-2008

Court : Chennai

Reported in : AIR2008Mad181; [2008]85SCL421(Mad); AIR2008Mad181; 2008(4)AIRKarR285(FB)

... Section 36 of the Arbitration and Conciliation Act, 1996 pursuant to which an award can be enforced only after the expiry of the period for making an application under Section 34 or, if such an application is made, till it is refused by the Court. Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 is another example of statutory stay. There is nothing in Section ... discharge the liabilities within a period of 60 days failing which the secured creditor would be entitled to take any of the measures as provided in Sub-section (4) of Section 13. Sub-section (4) of Section 13 provides for four measures which can be taken by the secured creditor in case of non-compliance with the notice served upon the borrower namely, (a ... Arbitration and Conciliation Act, 1996 pursuant to which an award can be enforced only after the expiry of the period for making an application under Section 34 or, if such an application is made, till it is refused by the Court. Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 is another example of statutory stay. There is nothing in Section 17 of the Securitisation Act ... the Act. 14. The matter can be viewed from another angle. It is well known that when the Legislature wants to grant a statutory stay, it would expressly say so. For example, Section 36 of the Arbitration and Conciliation Act, 1996 pursuant to which an award can be enforced only after the expiry of the period for making an application under Section 34 or ...

Dec 23 2005

The State of Tamil Nadu, rep. by the Superintending Engineer, P.W.D./W ...

  • Decided on : 23-Dec-2005

Court : Chennai

Reported in : 2006(3)ARBLR447(Madras); (2004)2MLJ470

... Arbitration and Conciliation Act is not necessary to be decided in the present appeal, the ratio of the said decision is applicable at least to exclude the Court of Subordinate Judge from the purview of the meaning 'Court' for the purpose of Sections 9, 34 and 36 of the Arbitration and Conciliation Act, 1996.18. In our opinion, the clear language indicated in the Arbitration and Conciliation Act ... Indian Companies Act and other such specific Acts.13. By examining the matter from any angle, it is thus apparent that the Court in which application under Section 34 of the Arbitration and Conciliation Act can be filed is the principal Civil Court of original jurisdiction in a district. Moreover, as per the definition clause contained in the Arbitration and Conciliation Act, any ... the competent Court to try the petition filed under Section 9 of the Act. As per Section 19 of the Arbitration and Conciliation Act, 1996, the Arbitral Tribunal shall not be bound by the Civil Procedure Code, 1908, or the Indian Evidence Act, 1872. The said provision cannot come into operation when a petition under Section 9 is filed before the competent Civil Court ... which are to be decided by a 'Court' under the Arbitration and Conciliation Act, 1996 except the appointment of an Arbitrator under Section 11 of the said Act. Therefore, I am of the opinion that fourth respondent District Court has jurisdiction to decide the Arbitration O.P. and the Arbitration O.P. has to be decided according to law by that ...

Jul 18 2007

Sree Kamatchi Amman Constructions, rep. by its Partner Cum Power of At ...

  • Decided on : 18-Jul-2007

Court : Chennai

Reported in : 2007(4)ARBLR261(Madras); 2007(5)CTC17; (2007)5MLJ257

... the instances set out in Section 34 of the Arbitration Act.11. Section 34 of the Arbitration and Conciliation Act, 1996 makes provisions for setting aside as well as for remission of arbitral awards. Section 34 adopts the substance of Article 34 of United Nations Commission on International Trade Law [UNCITRAL] model with minor contextual variations. The Arbitral award may be set ... Section 13(5); and(b) Section 16(6) of the Act. Ultimately, the Supreme Court set aside the award as it was inconsistent with the terms of the Agreement.13. In State of Orissa v. Dandasi Sahu : AIR1988SC1791 , the Supreme Court has held as follows:It is well settled that when the parties choose their own Arbitrator ... Arbitrator's adjudication is generally considered binding between the parties, for he is a Tribunal selected by the parties and the power of the Court to set aside the award is restricted to the instances set out in Section 34 of the Arbitration Act.11. Section 34 of the Arbitration and Conciliation Act, 1996 makes provisions for setting aside as well as for remission of arbitral awards. Section ... Arbitrator has acted within his authority and according to the principles of fair play. The Arbitrator's adjudication is generally considered binding between the parties, for he is a Tribunal selected by the parties and the power of the Court to set aside the award is restricted to the instances set out in Section 34 of the Arbitration Act.11. Section 34 of the Arbitration and Conciliation Act, 1996 ...

Aug 08 2007

Ramco Super Leathers Ltd. rep. by its Director, Mr. S. Ramaswamy and O ...

  • Decided on : 08-Aug-2007

Court : Chennai

Reported in : III(2008)BC102

... referred to Section 36 of the Arbitration and Conciliation Act, 1996, pursuant to which an award can be enforced only after expiry of period for making an application under Section 34 or, if such application have been made, till it is refused by the Court.11. In the present case, admittedly, the bank has taken action under Sub-section (4) to Section 13 giving ... -section (6) to Section 17 to pass order for expeditious disposal of the application.On the other hand, according to the counsel for the bank, in absence of any specific provision, it cannot be presumed that a judicial or quasi-judicial proceeding stands automatically stayed. In support of such submission, learned Counsel referred to Section 36 of the Arbitration and Conciliation Act, 1996 ... section (4) to Section 13 of the Sarfaesi Act to recover its secured debts, till an interim order is passed by the Tribunal.13. From a plain reading of Sub-section (1) to Section 17, it will be evident that a person, including borrower, could make an application under Section 17 to the DRT, if aggrieved by any of the measures referred to in Sub-section (4) to Section 13 ... taken under Sub-section (4) of Section 13 is not in accordance with the Act and Rules, no recourse could be taken to take one or other measures under Sub-section (4) to Section 17 to recover the secured debts. Therefore, according to him, on mere filing of an application under Section 17, the proceeding under Sub-section (4) to Section 13 automatically stands stayed ...

Jul 20 2012

Union of India owning Southern Railway. Vs. Rajesh Damani.

  • Decided on : 20-Jul-2012

Court : Chennai

... arbitration in pursuant to an application filed under Section 8 of the Arbitration and Conciliation Act 1996. In other words, the question to be answered is as to whether the civil court has got jurisdiction over the dispute between the parties, once the matter, which is covered under the arbitration agreement, has been referred to the arbitration in pursuant to an application filed under Section 8 of the said Act ... Section 8 of the Arbitration and Conciliation Act was under challenge before this court in C.R.P.(PD)No. 2941 of 2007.3. When their application filed under Order 9 Rule 13 was pending, the said Civil Revision Petition filed before this court came to be allowed on 18.6.2008, thereby referring the matter for arbitration by directing the petitioners herein to appoint an arbitrator ... Civil Revision Petition. According to the learned counsel, once the matter is referred to the arbitration proceedings as contemplated under the Arbitration and Conciliation Act 1996 in pursuant to an application filed under Section 8 of the said Act, the civil court has got no jurisdiction to proceed with the matter and consequently the order ... the petitioners herein filed I.A.No. 9425 of 2004 under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the parties to arbitration by specifically contending that Clause 2900 of the Indian Railway Standard Conditions of Contract provides for referring such disputes for Arbitration. The said application came to be filed by the ...

Jun 17 2003

Novel Granites Ltd., rep by its Managing Director, Mr. Errabbli Vijaya ...

  • Decided on : 17-Jun-2003

Court : Chennai

Reported in : 2003(3)CTC148; (2003)2MLJ831

... Section (4) of Section 13 mandates an arbitrator to continue the arbitral proceedings and to make an award Section 16 empowers the Arbitral Tribunal to rule on its own as well as on objections with respect to the existence or validity of the arbitration agreement. Conferment of such power on the arbitrator under the 1996 Act indicates intention of the legislature a anxiety to see that the arbitral ... Section 12 as provided under Section 13(2) of the said Act which is as follows: Section 13(2) of the said Act states: 'Failing any agreement referred to in Sub-section (1) a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in Sub-section (3) of Section ... sections (3) and (4) of Section 12 as provided under Section 13(2) of the said Act which is as follows: Section 13(2) of the said Act states: 'Failing any agreement referred to in Sub-section (1) a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in Sub-section ...

Mar 09 2007

Chennai Container Terminal Pvt. Ltd. Vs. Union of India (UOI), rep. by ...

  • Decided on : 09-Mar-2007

Court : Chennai

Reported in : 2007(3)ARBLR218(Madras); (2007)3MLJ1

... Section 34 of the Arbitration and Conciliation Act. The scope of the proceedings under Section 34 is totally different from that of the Application filed under Section 9 of the Arbitration and Conciliation Act. Therefore, the procedure adopted for proceedings under Section 9 cannot be followed for the proceedings under Section 34 of the Arbitration and Conciliation Act, 1996.8. Let us first see the definition adumbrated under Section 2(1) (h) of the Arbitration and Conciliation Act, 1996 ... 13. As far as Section 9 of the Arbitration and Conciliation Act 1996 is concerned, the court has been empowered to grant interim relief either before or during arbitral proceedings or even after the making of the arbitral award, but, before it is enforced. A party, who can refer the matter before arbitration as per the arbitration clause alone, can approach under Section 9 of the said Act ... arbitration agreement, but also a party non signatory to the agreement.13. As far as Section 9 of the Arbitration and Conciliation Act 1996 is concerned, the court has been empowered to grant interim relief either before or during arbitral proceedings or even after the making of the arbitral award, but, before it is enforced. A party, who can refer the matter before arbitration as per the arbitration ...

Oct 30 2001

Tamil Nadu Water Supply and Drainage Board, Rep. by its Managing Direc ...

  • Decided on : 30-Oct-2001

Court : Chennai

Reported in : (2001)3MLJ820

... upon Sections 2(c), 16, 31(b), 34 and 37 of Arbitration and Conciliation Act, 1996. Now, we look into the relevant provisions of the Act for necessary Section 2(c) of Arbitration Act :'Definitions : In this part, unless the context otherwise requires : (c) 'arbitral award' includes an interim award. Section 16 of Arbitration Act Competence of arbitral tribunal to rule on its own jurisdiction : (1) The arbitral tribunal ... sub-section (5) of Section 13 for challenging the award under Section 34, the other grounds like the adverse order regarding the competence of the Arbitrator to arbitrate on the subject matter is a ground for setting aside the award in invoking Section 34, under sub-section (6) of Section 16 of the Act. It is needless to mention that party seeking arbitration and appointing Arbitrator ... Board has filed the above O.P. under Section 34(2) of the Arbitration and Conciliation Act, 1996.The points for consideration in this O.P. are :(1) Whether the order passed by the arbitral tribunal is liable to be set aside or not ? (2) Whether the O.P. is maintainable under Section 34 of Act or not ? 5. The learned counsel for ... the arbitral tribunal has rejected the plea of the Board and continued its arbitral proceedings. Aggrieved by the said order/interim award dated 26.10.1998, the Board has filed the above O.P. under Section 34(2) of the Arbitration and Conciliation Act, 1996.The points for consideration in this O.P. are :(1) Whether the order passed by the arbitral tribunal ...

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