Skip to content


Search Results Judgments > Act:ARBITRATION AND CONCILIATION ACT, 1996 Section 13 Court:Chennai

Dec 13 2011

C.S.S. Corp Private Limited Vs. Space Matrix Design Consultants

  • Decided on : 13-Dec-2011

Court : Chennai

... Section 9 of Arbitration and Conciliation Act is wide and it cannot be restricted to the power conferred on the Court under Civil Procedure Code. 13. Section 9 of Arbitration and Conciliation Act enables the parties to approach the Court for certain interim measure of protection in respect of the enumerated remedies available thereon. Section 9 of the Act contemplates interim measure to protect and secure the amount in dispute in arbitration ... powers as prescribed in the Act of 1996. The procedural aspects provided in the Code about which the Act of 1996 is silent, needless to say, when the Court exercises its substantive power under the Act of 1996 shall be applicable but the guiding factor for exercise of power by the Court under Section 9(ii)(b) has to ... interim measure under Section 9(ii)(b) be made subject to the stringent provision of Order 38, Rule 5 CPC. It was further argued that power under Section 9 of Arbitration and Conciliation Act is wide and it cannot be restricted to the power conferred on the Court under Civil Procedure Code. 13. Section 9 of Arbitration and Conciliation Act enables ... Arbitration and Conciliation Act nor can power of the Court in passing an order of interim measure under Section 9(ii)(b) be made subject to the stringent provision of Order 38, Rule 5 CPC. It was further argued that power under Section 9 of Arbitration and Conciliation Act is wide and it cannot be restricted to the power conferred on the Court under Civil Procedure Code. 13. Section ...

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 ...

Jan 03 2012

M/s.Sundaram BNP Paribas Home Vs. Mr.Mir Ali And Anr.

  • Decided on : 03-Jan-2012

Court : Chennai

... Arbitration and Conciliation Act. Arbitration proceedings was also commenced and one Mr.Inbavijayan, Advocate has been appointed as an Arbitrator. 4. Appellant had also initiated proceedings under Securitization Act by issuing possession notice under Section 13(4) of SARFAESI Act. Stating that Appellant's claim needs to be secured till the recovery of the amount, Appellant has filed application under Section 9(ii)(b)(d)&(e) of Arbitration and Conciliation Act ... Act and the law bearing on the subject. Under Section 28 of the Act of 1996, even the arbitral tribunal is enjoined to decide the dispute submitted to it, in accordance with the substantive law for the time being in force in India, if it is not an international commercial arbitration. So, it cannot certainly be inferred that Section ... Arbitration in accordance with the Arbitration and Conciliation Act. Arbitration proceedings was also commenced and one Mr.Inbavijayan, Advocate has been appointed as an Arbitrator. 4. Appellant had also initiated proceedings under Securitization Act by issuing possession notice under Section 13(4) of SARFAESI Act. Stating that Appellant's claim needs to be secured till the recovery of the amount, Appellant has filed application under Section ...

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 ... We 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, ... final decision that may be given in the arbitration, subject to the provisions of Part II of the Arbitration and Conciliation Act, 1996. This necessarily means that if the award is held to be enforceable under Part II of the said Act as a decree of the Court, then the ... arbitral tribunal, any final decision resulting therefrom shall be recognised and given effect with respect to the arrested ship or to the security provided in order to obtain its release provided that the defendant has been given 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 ...

Jun 20 2013

Embassy Property Developments Limited Vs. Jumbo World Holdings Limited

  • Decided on : 20-Jun-2013

Court : Chennai

... Section 11 of the Arbitration and Conciliation Act, 1996, for the appointment of an arbitrator. After an arbitrator had been appointed the arbitration proceedings had commenced. In the meanwhile the applicant had filed the original applications, under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reliefs.15. It is the case of the fourth respondent in the original applications that, in the order passed under Section 11 of the Arbitration and Conciliation Act, 1996 ... 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 ... section 9 of the Arbitration and Conciliation Act, 1996, could be before, or during the arbitral proceedings or at any time after the making of the arbitral award, but before it is enforced in accordance with Section 36 of the said Act. It had also been held that the court under section 9 of the Arbitration and Conciliation Act, 1996, only formulates interim measures so as to protect the right under adjudication before the Arbitral ...

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 ...

Jan 30 2009

State Bank of India, rep. by its Treasury Marketing Officer, Vs. Mrs. ...

  • Decided on : 30-Jan-2009

Court : Chennai

Reported in : (2009)5MLJ30

... No. 13000 of 2008 in O.S. No. 4322 of 2008 under Section 8 of the Arbitration and Conciliation Act, 1996, to refer the dispute between the parties for arbitration. The respondent filed counters and after hearing both sides, learned XV Assistant Judge, City Civil Court, Chennai, dismissed both the applications on 13.10.2008 by means of a common order, which is under ... Act and other rules also. By means of a common order, this Court dismissed both Civil Revision Petitions on 31.07.2008.4. These petitioners filed two applications in I.A. No. 10113 in O.S. No. 4033 of 2008 and I.A. No. 13000 of 2008 in O.S. No. 4322 of 2008 under Section 8 of the Arbitration and Conciliation Act, 1996 ... arbitration. The arbitration shall be conducted in Mumbai in accordance with the provisions contained in the arbitration and Conciliation Act, 1996.(b) The Tribunal shall consist of these arbitrators. Each party shall individually nominate one arbitrator each. The third arbitrator (who shall be Chairman of the Tribunal) shall be appointed by the Two arbitrators nominated by the parties.(c) The language of the Arbitration shall be English and all arbitrator ... Chennai, dismissed both the applications on 13.10.2008 by means of a common order, which is under challenge before this Court in these Civil Revision Petitions.5. In the affidavits filed by these petitioners in both I. As. (I.A. Nos. 10113 and 13000 of 2008) filed under Section 8 of the Arbitration and Conciliation Act have alleged that the respondent ...

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 ...

Jun 15 2007

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

  • Decided on : 15-Jun-2007

Court : Chennai

Reported in : AIR2007Mad325; 2007(3)ARBLR510(Madras); 2007(4)CTC284

... arbitration agreement, but also a party non-signatory to the agreement. According to the learned single Judge, the contextual facts and circumstances warrant expansion of the definition found under Section 2(1)(h) of the Arbitration & Conciliation Act, 1996 to include the Government of India, which is a party non-signatory for the purpose of challenging the award under Section 34 of the Act ... Section 9 of the Arbitration and Conciliation Act, 1996. The Bench observed: (AIR p.1437 para-13)Arbitration and Conciliation Act, 1996 is a long leap in the direction of alternate dispute resolution systems. It is based on UNCITRAL Model. The decided cases under the preceding Act of 1940 have to be applied with caution for determining the issues arising for decision under the new Act. An application under Section ... Act, the import of the word 'party' can be judiciously expanded, if the context so warrants. Hence, the word 'party' may include not only the signatory to the arbitration agreement, but also a party non-signatory to the agreement. According to the learned single Judge, the contextual facts and circumstances warrant expansion of the definition found under Section 2(1)(h) of the Arbitration & Conciliation Act, 1996 ...

Apr 01 2014

APL Co. Pte. Ltd. Vs. Varadariya Exporters

  • Decided on : 01-Apr-2014

Court : Chennai

... 13.8.2004 passed by the Arbitrator, Mr.Rajiv S.Khanna, American Arbitration Association, International Arbitration Tribunal and for execution of the same as a decree. For Petitioner : Mr.N.L.Rajah For Respondent : No appearance ORDER This Original Petition is filed under Section 47(1) read with Section 49 of the Arbitration and Conciliation Act, 1996 (for brevity, ".the Act".) to enforce the arbitration award dated 13 ... Arbitration Association, International Arbitration Tribunal and for execution of the same as a decree. For Petitioner : Mr.N.L.Rajah For Respondent : No appearance ORDER This Original Petition is filed under Section 47(1) read with Section 49 of the Arbitration and Conciliation Act, 1996 (for brevity, ".the Act".) to enforce the arbitration award dated 13.8.2014 passed in AAA Case#:50T18100542 03 by the American Arbitration Association, International Arbitration ... Section 47(1) read with Section 49 of the Arbitration and Conciliation Act, 1996 read with Article 1 of the New York Convention of 1958, on the Recognition and Enforcement of Foreign Arbitral Awards, as per the terms of the said final award bearing AAA Case#:50T18100542 03, dated 13.8.2004 passed by the Arbitrator, Mr.Rajiv S.Khanna, American Arbitration Association, International Arbitration ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //