Court : Mumbai
Reported in : 2005(4)BomCR452
..... cause of action and the agent is not sued in its independent capacity but has been sued as the 3rd respondent principal. once there is an arbitration agreement with the principal then the agent who is claiming through the principal, and/or is liable through the principal would not have any independent ..... the words 'claiming through or under'. it is not therefore surprising that the point was taken that the case was not really within the corresponding 1889 arbitration act then in force, which used the same words 'claiming through or under', and that a stay was refused.the argument does not admit of ..... agent is claiming through the principal and, therefore, the action on the part of the agent and that of the principal is synonymous and the arbitration agreement under the booking note would apply to both the agent and the principal because the cause of action is one and the claim is not ..... an action brought before a judicial authority is not allowed.'17. secondly, such bifurcation of suit in two parts, one to be decided by the arbitral tribunal and other to be decided by the civil court would inevitably delay the proceedings. the whole purpose of speedy disposal of dispute and decreasing the ..... judgment which read as under :'16. the next question which requires consideration is --even if there is no provision for partly referring the dispute to arbitration, whether such a course is possible under section 8 of the act? in our view, it would be difficult to give an interpretation to section .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2009Bom42; 2008(6)ALLMR856; 2008(4)ARBLR398(Bom); 2008(6)BomCR551; 2008BusLR40(Bom); 2008(6)MhLj867:2009(2)AIRKarR55(F.B).
..... reasons of the 1996 act makes it clear that the bill sought to consolidate and amend the law relating to domestic arbitration, international and commercial arbitration, enforcement of foreign arbitral award and to define the law relating to conciliation taking into account the uncitral modern law and rules. he further submitted ..... that the reference 'otherwise agreed' necessarily refers to the intention of the parties as regards the procedure to be followed in the matter of arbitration proceedings and not to the time factor as regards execution of the agreements. it provides that though the law provides that the provisions of the ..... includes the high court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject matter of a suit but does not include any civil court of a grade inferior to such principal ..... memorandum of appeal), to the award sought set aside or modify any to be set aside or award otherwise than under modified,according the arbitration act,1940. to the scale prescribed under article 1.according to article iii of schedule i, on any plaint, application or petition or memorandum ..... and the exemption conferred thereunder is restricted to an award made under the 1940 act and the said exemption cannot be extended to the arbitration petition challenging the award made under the 1996 act. it was submitted that in order to claim benefit under section 8(1) of the .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(2)ARBLR553(Bom); 2007(2)BomCR815
..... of 2005. the judgment debtors, shreemauli construction shall provide copies of their income tax returns certified by their advocates as true to the petitioners in arbitration petition no. 162 of 2002 within 2 weeks from today failing which chamber summons no. 530 of 2005 is made absolute in terms of ..... no such application has been made. ms. joshi contends that an application in execution for attaching the amount standing to the credit of the arbitration petitions being movable property cannot be made by a judges order. it has to be made by an execution application following the procedure laid ..... not binding qua strangers and other decree holders if it is obtained by fraud or collusion, thus nullifying the recovery certificate. the petitioners in arbitration petition no. s242 and 66 of 2005 have challenged the recovery certificate. consequently the bank has filed an affidavit showing the loan account of ..... a recovery certification application without number. the judgment debtors shown as respondents in the recovery certificate who are also respondents in the aforesaid two arbitration petitions agree to the amount being paid to the bank in full and final settlement of the loan account of the sole proprietor of the ..... issued by the recovery officer of the co-operative court. similarly the claimants in the chamber summons who are the plaintiffs/petitioners in the arbitration petition no. 162 of 2002 who have obtained an award seek to attach and take the amounts for which the award is obtained .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(5)BomCR256
..... air1996sc2853 , in which case also the supreme court has considered the term in the contract relating to payment of interest and held that the arbitrators have interpreted the term, they were within their jurisdiction in interpreting the term and therefore award in that regard cannot be challenged. it is ..... claim no. 2 freezing of indices this claim pertains to escalation (price variation). the respondent challenged the award, in so far as the arbitrators held that the respondent' freezing indices as of june, 1994 for the purpose of calculating the escalations on the extended period of contract were ..... 8 provided that the respondent does not hold itself responsible for any power failure, power shut-down or break down of substation equipment. the arbitral tribunal held that because responsibility to bring power upto substation was on the board, failure to supply power to substation is attributable to the ..... benefits of rs. 90 per cubic meter under the settlement agreement. thus, the challenge to the award in this regard was that the arbitrators should not have awarded anything in excess of what is provided in the subsidiary agreement. the learned single judge negatived the challenge that it ..... however did not choose to file any further affidavit or documents. in ground (q) the petitioner had expressly taken the ground that the arbitrators had while making the award ignored the mandate of the contract. it was further stated that the same amounted to re-writing the contractual .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2007Bom149; 2007(3)ALLMR304; 2007(2)ARBLR362(Bom); 2007(3)BomCR393; 2008(1)CTC7
..... sections such as section 8 and 34 of the act of 1996. the parliament intended to confer powers on all the judicial authorities to refer the parties to arbitration where there is an arbitration agreement and not only on the principal civil court of original jurisdiction. the judicial authority, as has been rightly observed by the learned single judge in cotton corporation ..... support for the view from the language of the provisions contained in section 8 of the act of 1996. this provision confers power to refer the parties to arbitration where there is an arbitration agreement. such power, under this provisions, can be exercised by a judicial authority. the parliament in this section has not used the term 'court'. the expression 'judicial authority ..... contemplated under section 2(e) of the act of 1996, has observed that the principal civil court of original jurisdiction remains the 'district court' even if the appointment of the arbitrator is made by the high court. it is thus clear that the legislature clearly circumscribed and specifically narrowed down the definition of 'court' to mean only the court of principal ..... jurisdiction of a court, therefore, has no significance for the purposes of the act of 1996. the court, however, must have a territorial jurisdiction. the expression 'subject matter of the arbitration', therefore, cannot be read to mean a court where the suit can be filed in respect of that cause of action and would, therefore, cover all the provisions from sections .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(6)BomCR540
..... than an award under the arbitration act, 1940 attracts court fee as prescribed under article 1 which prescribes fee on the basis of amount or value of the subject-matter. article 3, however, exempts an application ..... award sou-memorandum ght to beof appeal), to set asideset aside or or modifi-modify any ed accord-award other- ing to thewise than scale pre-under the cribed un-arbitration underact, 1940. article 1.---------------------------------------------------------------------9. the court fee payable on a plaint or an application or petition (including memorandum of appeal) to set aside or modify any award otherwise ..... applicable to all such proceedings.5. plain reading of these observations show that the division bench has held that in respect of an application filed under section 34 of the arbitration act, 1996, court fee would be payable as prescribed under article 1 of schedule i to the bombay court fees act.6. learned counsel for the petitioners, however, submitted ..... section 8 of the general clauses act were not brought to its notice and also because the issue of court fee payable on an application under section 34 of the arbitration act was not specifically before the division bench and therefore the observations made therein were in the nature of 'obiter dicta' and not the 'ratio decidendi'.4. in m. .....Tag this Judgment!
Court : Supreme Court of India
..... 5. the high court of delhi by two orders dated 23.5.2000 appointed a retired judge of the high court as the sole arbitrator. the arbitrations ended in two awards dated 1.5.2002. the first award directed respondents 2 and 3 and appellant to pay rs.93,23, ..... the appellant was accepted, it would necessitate two proceedings in regard to the same loan transaction and same cause of action, that is an arbitration proceedings against the borrower and one of its guarantors (respondents 2 and 3) and a separate suit against the other guarantor (appellant). it ..... filed", column (2) relating to "name of applicant with complete address" and column (3) relating to "name of the other parties to the arbitration agreement with complete address"; and the second part contained the running averments. it is submitted that the name of first respondent is shown as the applicant ..... thereof, by the appellant. the application filed by the first respondent under section 11 of the act referred to the loan agreement containing the arbitration clause, which was executed by respondents 2 and 3 as borrower and guarantor in favour of the first respondent. the application specifically relied ..... the loan agreements among the first respondent (lender), the second respondent (borrower) and the third respondent (guarantor) contained a provision for arbitration. the said provision for arbitration is extracted below :"in the event of any dispute, question or difference arising out of or in connection with this agreement and the .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(4)ARBLR288(Bom); 2008(5)MhLj67
..... in the year 2003. the petitioner has filed the suit in 2003 and having failed to get any effective relief, they have filed the present arbitration application on 26th july, 2007.9. in these circumstances, i am of the considered view that this petition has no merit and the same ..... itself indicates the conduct and intent of the petitioner that the claim in relation to that contract never understood to be covered by the arbitration clause between the parties. how the parties understood the minutes of the meeting is to be seen from their conduct subsequent thereto. the ..... of expression 'may' unless supported by other attending circumstances giving a definite intention of the parties to refer the matter to the arbitration may not constitute an arbitration agreement per se. however, this discussion is not really very relevant for the matters in controversy in view of the facts of ..... indices.the jt. m.d. opined that if the contractor is not satisfied with the committee's recommendations, then he may adopt the alternative of arbitration.the meeting ended with thanks to the chair.no. msrdc/01/jmd/4237date: 10-9-2003sd/-jt. managing directormsrdc ltd., mumbai.3. terms of ..... the meeting, it was decided that if the petitioner was not satisfied with the recommendations of the committee, he may adopt the alternative remedy of arbitration. the decision of the claims settlement committee was communicated by the respondent to the petitioner on 7th september, 2004. in the said meeting, discussion .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(2)ARBLR439(SC); 2008(3)AWC3104(SC); 2008BusLR568(SC); 144CompCas34(SC); (2008)3CompLJ451(SC); 2008(8)SCALE576; 84SCL394(SC); 2008(2)LC721(SC)
..... a decision in unit construction co. ltd. v. bullock 1960 ac 351.10. the 1996 act was enacted to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.the preamble of the 1996 act shows that the ..... applicable to the facts of the present case.28. an interpretation should ensure certainty in determination of jurisdiction as to which court should a disputant approach for appointment of an arbitrator under section 11 of the act. else, the question is always mooted as to whether a company is controlled outside india or not and accordingly would have to be determined ..... united kingdom; whereas under the 1996 act only a body corporate which is only incorporated in a state outside india shall be included within the meaning of the international commercial arbitration.25. reference to the provisions of indian income tax act, 1961, in my opinion, is not apposite. taxing statutes are enacted for a different purpose. they provide for compulsory ..... parliament of india intended to give effect to the rules framed by the united nations commission on international trade law (uncitral) known as uncitral model law on international commercial arbitration in 1985.11. before embarking on the questions adverted to heretobefore, we may notice some provisions of the 1996 act.sections 2(1)(a), 2(1)(b), 2(1)( .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2009(4)ALT657
..... as follows.the next contention raised by mr. ranjit kumar is that the petitioner is attempting to obtain specific performance when specific performance of the contract cannot be granted in arbitral proceedings. in fact, this contention has been squarely rejected by the judgment of this court in olympus superstructures pvt. ltd. v. meena vijay khetan : 1999 (4) alt 1 ( ..... particulars as it may do tribunal that the contractin a suit. is null and void shall notentail ipso jure theinvalidity of thearbitration clause.--------------------------------------------------------------------------------9. under 1940 act, an arbitrator cannot decide the question whether the agreement is valid, void and/or unenforceable and such a question has to be decided only by civil court, whereas under 1996 act ..... common law maxim 'ex nihilo nil fit', the court has power to rule invalidation of agreement and when the agreement itself is void and unenforceable, there is nothing that the arbitrator can decide.6. learned counsel placed strong reliance on khardah company limited v. raymon & company air 1962 sc 1810 and waverly jute mills company limited v. raymon & company ..... the authority under section 11(6) of 1996 act cannot decide the validity of the agreement, and therefore, all contentions must be left to be decided by the arbitrator under section 16 of 1996 act.5. learned counsel for first respondent raised contentions which are as below. agreement between respondents and applicant is void because it is in .....Tag this Judgment!