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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)

..... 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

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

  • Decided on : 20-Jul-2012

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 ..... in the 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 cpc read with section 151 cpc was allowed subject to the condition that the petitioners should deposit a sum of rs.one lakh on or before 4.9.2009.2. the short .....

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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

..... 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, 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 rise to a cause of action for ..... one or other auction purchaser, will not render the tribunal powerless to restore possession in favour of the borrower, if such action taken under sub-section (4) to section 13 is found not in accordance with the acts and the rules framed thereunder, and is declared invalid.14. we have already noticed that the tribunal passed the impugned interim order on 10th april ..... consideration, we find that before taking action a notice of 60 days is required to be given and after the measures under section 13(4) of the act have been taken, a mechanism has been provided under section 17 of the act to approach the debts recovery tribunal. the abovenoted provisions are for the purpose of giving some reasonable protection to the borrower. viewing .....

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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

..... ) 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

Embassy Property Developments Limited Vs. Jumbo World Holdings Limited

  • Decided on : 20-Jun-2013

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

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

  • Decided on : 07-Dec-2007

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

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

  • Decided on : 21-Apr-2014

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

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

  • Decided on : 06-Oct-2009

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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Jan 29 2013

Owners Partners Vessel SHBDharti Vs. Seahorse Marine Engineering PLtd

  • Decided on : 29-Jan-2013

Court : Chennai

..... arbitration agreement between the parties.12. section 8 of the arbitration and conciliation act, 1996, makes it mandatory for the judicial authority to refer the parties to arbitration, when the substance of the dispute is covered by arbitration clause, and application is made before submitting first statement of substance of the dispute, accompanied by arbitration agreement.13. section 45 of the arbitration and conciliation act, 1996 ..... again makes it obligatory to refer the parties to arbitration ..... shall, accordingly, articulate our conclusions thus: (i) an application under section 9 of the arbitration and conciliation act, 1996 is not maintainable for the arrest of the vessel for obtaining security of an award that may be made in arbitration proceedings. the view to the contrary in m.v. indurva valley, ..... reasonable notice of such proceedings and a reasonable opportunity to present the case for defence and in accord with the provisions contained in arbitration and conciliation act, 1996. (iv) with regard to clauses (ii) and (iii), it is, however, clarified that retention of security shall remain .....

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Mar 07 2013

SEPCO III Electric Power Construction Corporation Vs. Sterlite Energy ...

  • Decided on : 07-Mar-2013

Court : Chennai

..... viz., 20.4.2012 to the bankers to invoke the performance bank guarantees; (xiii) that therefore, the petitioner was constrained to move applications in arbitration petition nos.590-593 of 2012 on the file of the high court of judicature at bombay under section 9 of the arbitration and conciliation act, 1996, challenging the invocation of the performance bank guarantees; (xiv) that the prayer of ..... performance bank guarantee vide a letter dated 20.4.2012. the invocation of bank guarantee became the subject matter of a proceeding initiated by the petitioner under section 9 of the arbitration and conciliation act. since the learned single judge who heard that application refused to grant an ex parte interim order, the petitioner moved the division bench. before the division bench ..... the meeting dated 10.7.2012 was on account of disputes on performance; (iii) that the contracts between the parties have an arbitration clause, in pursuance of which the petitioner already invoked arbitration and moved an application under section 9 before the bombay high court; (iv) that those proceedings were withdrawn after the signing of the minutes of the meeting ..... for petitioner : mr.c.s.vaidyanathan, senior counsel. for respondent : mr.p.s.raman, senior counsel order this is a petition filed under section 433 (e) and (f) read with section 434 of the companies act, praying for the winding up of the respondent-company and for the appointment of the official liquidator.2. i have heard mr.c.s.vaidyanathan .....

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