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

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 ...

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 ...

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 ...

Sep 17 2008

Indian Bank Vs. Commercial Tax Officer and Ors.

  • Decided on : 17-Sep-2008

Court : Chennai

Reported in : (2008)18VST562(Mad)

... & Credit (P) Ltd. v. Modi Rubber Ltd. [2006] 12 SCC 642, the Supreme Court considered the question whether provisions of the Arbitration and Conciliation Act, 1996 would prevail over the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA). Observing that the endeavour of the court would, however, always be to adopt a rule of harmonious construction, the ... Section 13(2) is akin to show-cause notice.44. Issuance of notice under Section 13(2) is akin to show-cause notice. In case borrower fails to discharge his liability in full within the period specified, under Section 13(4) the secured creditor may take recourse to any one of the measures indicated under Section 13(4) to recover his secured debt. In the present case Section 13 ... notice under Section 13(2) of the SARFAESI Act on August 1, 2005. Notice under Section 13(2) is akin to show-cause notice. Issuance of notice under Section 13(2) is based on the footing that the debtor is under liability and that crown in respect of such liability has become 'sub-standard, doubtful or loss'. On receipt of notice under Section 13(2 ... Section 13 nor any other provision under the Securitisation Act makes a provision for first charge.20. There being no provision in the Securitisation Act providing for first charge in favour of the banks, Section 35 of the Securitisation Act cannot be held to override Section 38C of the Bombay Sales Tax Act, 1959, that specifically provides that the liability under the said Act ...

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 ...

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 ...

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 ...

Jul 03 2007

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

  • Decided on : 03-Jul-2007

Court : Chennai

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

... 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 ... 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 in matters governed by Part I of the Act except where so provided in the said part. Section 16(5) of the Act ... 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 in matters governed by Part I of the Act ...

Apr 24 2009

Kurshed Sharfudeen and S. Hafez Khadar Ibrahim Vs. IBP Company Limited ...

  • Decided on : 24-Apr-2009

Court : Chennai

Reported in : (2009)5MLJ1315

... the Arbitration & Conciliation Act, 1996 and the Rules made thereunder or any statutory modification or re-enactment thereof and for the time being in force.(emphasis supplied)12. It is not in dispute that after the expiry of contract period on 31.3.2007, the same was extended by the second respondent in favour of the second appellant up to 30.9.2007.13. By ... were sought to be cancelled by the Joint Collector, by exercising the suo motu powers under Section 50-B of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act, 1950, especially in the circumstance that various authorities, including Tahsildar, Special Tahsildar and Authorised Officer under the Act have held that the validation certificates cannot be set aside.53. Again the judgment ... no person other than the Head of the Region or a person nominated by him/her shall act as sole arbitrator hereunder. The award of the arbitrator so appointed shall be final, conclusive and binding on all parties to the Agreement, subject to the provisions of the Arbitration & Conciliation Act, 1996 and the Rules made thereunder or any statutory modification or re-enactment thereof and for ... in the first category of cases, as has been notice by us hereinbefore, Sections 4 and 5 of the Act, in our opinion, may have to be construed differently in view of the decisions rendered by this Court. If the landlord being State within the meaning of Article 13 of the Constitution of India is required to prove fairness and reasonableness on ...

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