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Jun 09 2008 (HC)

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

Court : Chennai

Reported in : [2008]145CompCas288(Mad)

..... first respondent has no title or interest over the same.5. in april 2000, the petitioners filed an application before the second respondent/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, 1985 (hereinafter referred to as 'the sica 1985'). as the ..... the categorical finding of this court and the supreme court in a number of judgments holding that section 22 of the sica, 1985 is not applicable to the arbitration proceedings initiated under arbitration and conciliation act, 1996. i find no merits in the above original petition.22. the second respondent/arbitrator has correctly arrived at the decision by holding that the petition filed by the petitioners under .....

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Jul 20 2012 (HC)

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

Court : Chennai

..... be filed before this court.4. mr.v.g.suresh kumar, learned counsel appearing for the petitioners would argue that when the application filed by the petitioners under section 8 of the arbitration and conciliation act 1996 came to be allowed by this court in c.r.p.no.2941 of 2007 on 18.6.2008, the trail court has got absolutely no justification to ..... 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. after ..... , when the judicial authority comes to know of the existence of an arbitration agreement. in either event, there is no question of the court under section 8 of the 1996 act restraining the arbitral proceedings from commencing or continuing. in fact, section 8 is intended to achieve, so to say, the converse result...." (emphasis supplied)13. likewise in another decision reported in 2000 (4) scc 539 ( p ..... order passed by the court below in i.a.no.2096 of 2009 dated 3.8.2009 wherein and whereby their application filed under order 9 rule 13 cpccpccpc read with section 151 cpccpccpc was allowed subject to the condition that the petitioners should deposit a sum of rs.one lakh on or before 4.9.2009.2 .....

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Jul 03 2007 (HC)

Board of Trustees of Chennai Port Trust rep. by Its Chairman Vs. Ircon ...

Court : Chennai

Reported in : 2007(4)ARBLR130(Madras); (2007)4MLJ593

..... in turn appointed the second respondent as presiding arbitrator; that the writ petition has been filed against the decision of the arbitral tribunal passed under section 16 of the arbitration and conciliation act, 1996, (hereinafter referred to as 'the act') which is a complete code in itself and it sets out the procedures to be followed; that section 5 of the act specifically prohibit interference by a court of law ..... . as per the scheme of arbitration and conciliation act, 1996, the arbitration matter has to proceed without any hindrance or obstructions from the courts, particularly so by writ petition. in no uncertain terms it is clearly stipulated that for sections falling under part i no judicial authority shall interfere except where so specifically provided in that part. the scheme evolved by sections 12, 13 and 16 of the ..... act is of the clear view that .....

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Jul 18 2007 (HC)

Sree Kamatchi Amman Constructions, Rep. by Its Partner Cum Power of At ...

Court : Chennai

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

..... 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 34 adopts the substance of article 34 of united nations commission on international trade law [uncitral] model with minor ..... a) as provided under 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 to be the judge in ..... an express term, the court cannot find, on construction of the contract, an implied term inconsistent with such express term.13. in continental construction co. ltd. v. state of madhya pradesh : [1988]3scr103 it was emphasized that not being a conciliator, an arbitrator cannot ignore the law or misapply it in order to do what he thinks is just and reasonable. he is ..... head as rs. 7,50,537/- as pe the following calculation, h.o. percentage x contract sum x delay period---------------- -------------100 contract period= 10 x rs. 17,32,010 x 13 months = rs. 7,50,537/----- -------------100 3 monthsthough the aforesaid formula adopted and the arguments advanced onbehalf of the claimant appear to be attractive, on a close scrutiny, in our .....

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Jun 17 2003 (HC)

Novel Granites Ltd., Rep by Its Managing Director, Mr. Errabbli Vijaya ...

Court : Chennai

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

..... shall decide on the challenge itself. sub-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 ..... the date he became aware of the circumstances referred to under sub-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 ..... see that the arbitral is set in motion.' from .....

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Mar 09 2007 (HC)

Chennai Container Terminal Pvt. Ltd. Vs. Union of India (Uoi), Rep. by ...

Court : Chennai

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

..... ) r.a.j. 270(sc) was referred to by the learned senior counsel for chennai container terminal. the honourable supreme court, referring to sections 9 and 2 (1) (h) of the arbitration and conciliation act, 1996, observed as follows:13. a&c; act, 1996 is a long leap in the direction of alternate dispute resolution sustems. it is based on uncitral model. the decided cases under the preceding ..... . therefore, in the considered opinion of this court, the aforesaid context mandates expansion of the definition of the word 'party' to include not only a signatory to the 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 clause alone, can approach under section 9 of the said .....

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Jun 20 2013 (HC)

Embassy Property Developments Limited Vs. Jumbo World Holdings Limited

Court : Chennai

..... , is merely a signatory or a confirming party. the arbitration provisions contained in clause 13 of the share purchase agreement relates to the resolution of disputes between the acquirer and the sellers. thus, the appellant cannot be included as a party to the arbitral proceedings and to the provisions of section 9 of the arbitration and conciliation act, 1996.36. the learned single judge had failed to see ..... limited) is not a party to the arbitration clause found in 13.2 of the share purchase agreement, dated 21.12.2005, we are of the view that this court has sufficient powers to grant interim relief, as per the provisions of section 9 of the arbitration and conciliation act, 1996, to preserve and protect the subject matter of the arbitral proceedings, pending on the file of the ..... said appeals has not agreed or acknowledged the arbitration provisions contained in clause 13 of the share purchase agreement, dated 21.12.2005. therefore, the finding of the learned single judge in her order, dated 12.12.2012, that an order of injunction could be passed against the appellant company, under section 9 of the arbitration and conciliation act, 1996, is contrary to law and the facts .....

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Dec 07 2007 (HC)

Eastern Trading Company, Vs. Kalpana Lamps and Components Ltd. and S. ...

Court : Chennai

Reported in : (2008)3MLJ680

..... or affected by fraud or corruption or was in violation of section 75 or section 81.(3) ...(4) ...13. thus, it could be seen that an application under section 34 of the arbitration and conciliation act, 1996 can be filed only for setting aside the arbitral award.14. dealing with the scope of section 34 of the arbitration and conciliation act, 1996, the apex court in the case of mc. dermott international ..... date of award and interest at 18% per annum from the date of award till the date of payment.4. the appellants herein challenged the award under section 34 of the arbitration and conciliation act, 1996, before this court. by order dated 11.4.2001 made in o.p. no. 565 of 1999, the learned single judge dismissed the petition filed to ..... order of the learned single judge dated 11.4.2001 made in o.p. no. 565 of 1999, confirming the award passed by the arbitrator, thereby rejecting the application filed under section 34 of the arbitration and conciliation act, 1996. the petitioners in o.p. no. 565 of 1999 are the appellants before this court.2. the respondents herein are engaged in the ..... inc. v. burn standard co. ltd. and ors. : (2006)11scc181 held thus:in terms of the 1996 act, a .....

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Apr 21 2014 (HC)

Dreymoor Fertilizers Overseas Pvt. Ltd., Vs. Sterlite Industries (Indi ...

Court : Chennai

..... confirmed. in view of the same, there shall be no attraction of sub-section (3) of section 48 of the arbitration and conciliation act, 1996. furthermore, clause 3 of section 48 of the arbitration and conciliation act, 1996 states that when a case would attract class (e) of sub-section (1) of section, the grant of an order directing the judgment debtor to give suitable security shall be on the ..... further contention of the learned senior counsel for the revision petitioner is that the fraud or corruption contemplated under the explanation to sub-clause (b) to section 48(2) of the arbitration and conciliation act, 1996 would mean fraud or corruption inducing or affecting the making of the award to make the award inexecutable in india and that therefore, the learned principal ..... the application e.a.no.109 of 2012 seeking an order directing the judgment debtor to furnish security as an interim measure of protection contemplated under section 48(5) of the arbitration and conciliation act, 1996, the learned senior counsel continued with the arguments undeterred by such intervention and chose to submit his written submissions. the learned senior counsel for the ..... learned single judge in the above said civil revision petition: ".13. the respondent in the e.p.no.81 of 2012 is having right to be heard fully and in commensurate with that, he filed e.a.no.75 of 2012 as per section 48 of the arbitration and conciliation act, 1996, whereof he is having the right to adduce oral evidence also .....

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Oct 06 2009 (HC)

Sri Ragavendra Advertising and G. Seetharaman, Sole Proprietor, Sri Ra ...

Court : Chennai

Reported in : (2009)8MLJ1602

..... as a relevant fact and the non reply of the notice can be said to be proved contents of the notice.13. so far as the first contention that since the application under section 8 of the arbitration and conciliation act 1996 was not filed by the defendant before the time available for filing the written statement and hence that application cannot be ..... counter. the learned single judge took a view that since there was no dispute or difference between the parties, it cannot be referred to arbitration. secondly an application invoking section 8 of the arbitration and conciliation act 1996 should have been filed even before filing of the written statement in the instant case, the written statement was not filed and the application under ..... the suit claim.16. so far as osa. no. 378 of 2006 filed against the order of dismissal of the application for rejection of plaint by invoking section 8 of the arbitration and conciliation act,1996 is concerned, this court has set aside the judgment of the trial court and allowed the appeal and the parties are directed to be referred to ..... statement which would mean that invoking arbitral clause was lost, hence, could not invoke section 8 of the arbitration and conciliation act and recording such finding, the application was dismissed. hence, this appeal has arisen.10. it is apt and appropriate to reproduce section 8 of the arbitration and conciliation act, 1996.8. power to refer parties to arbitration where there is an arbitration agreement -(1) a judicial .....

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