Constitution of India,1950, Article 226, Arbitration and Conciliation Act, 1996, Section 7, Micro Small and Medium Enterprises Development Act, 2006, Section 18, 19 -- Writ petition - Maintainability - Jurisdiction of Council - Council directed petitioner to pay balance amount as claimed by respondent no.2 and referred matter to arbitration - Council ought to have atleast..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18 -- Non - conducting of conciliation proceedings before proceeding to hold arbitration proceedings - Defeats very objective of the scheme of the Act and is ex-facie illegal and liable to set aside - Petition allowed...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Any communication would be deemed to have been received, if it is delivered to addressee personally or at his place of business, habitual address or mailing address - Communication would be deemed to have been received by party on the day it is so delivered - In the instant case, copy of..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Limitation - Period of limitation for filing objections is three months which is extendable by 30 days and not thereafter - Statute also prohibits Court from entertaining such application...........
Arbitration and Conciliation Act, 1996, Section 16, 8 -- Jurisdiction of Arbitrator - Counter claim - Whether it falls beyond scope of reference to arbitration and such other related questions are to be determined only during enquiry - It may be that after enquiry, Arbitrator might reject the counter claim as not arbitrable and counter claim beyond the scope of reference..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Objections - Dismissal of application - On the ground of non-compliance of S.34(5) of the Act - S.34(5) of the Act is a procedural provision and that compliance of the same is not mandatory - Order of dismissal set aside - Directions issued...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Dismissal of - Period of limitation - Is three months which is extendable by 30 days on giving of sufficient reasons and not thereafter...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Award - Objections - Award passed by the Arbitral Tribunal can be interfered with in the proceedings u/ss 34 & 37 of the Act only in a case where the finding is perverse and/or contrary to the evidence and/or the same is against the public policy...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Award - Objections - Arbitral Tribunal is the master of evidence and the findings of fact which are arrived at by arbitrators on the basis of the evidence on record are not to be scrutinized as if the Court was sitting in appeal...........
Arbitration and Conciliation Act, 1996, Section 34 -- Award - Objections - Even when the view taken by the arbitrator is a plausible view, and/or when two views are possible, a particular view taken by Arbitral Tribunal which is also reasonable should not be interfered with in a proceedings u/s 34 of the Act...........
