Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration - Arbitration agreement - Court at the outset to consider as to whether document is properly stamped or not - Even when an objection in that behalf is not raised, it is duty of Court to consider the issue - If Court comes to conclusion that instrument is not properly stamped, it should be impounded and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pendency of arbitration proceedings - Not a ground to quash proceedings u/s 138 of the Act - Arbitration proceedings and criminal proceedings against a person, based on the same transaction, can be conducted or continued simultaneously - Complaint cannot be quashed...........
Arbitration and Conciliation Act, 1996, Section 17, Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992, Section 3 -- Interim order - Jurisdiction of Tribunal constituted under 1992 Act - Tribunal constituted u/s 3 of 1992 Act has jurisdiction to make interim orders in terms of S.17 of A & C Act, as there is no inconsistency between these two Acts...........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 36, 34 -- Jurisdiction of Civil Court - Objection against execution of arbitral award - There is no scope for entertaining objection involving execution proceeding particularly in absence of challenge to arbitral award u/S. 34 of the Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objection - Dismissal of objections - Arbitrator awarded interest on amount payable on account of delayed payment of final bill Clause in arbitration agreement reflect that arbitrator shall not award interest to parties on any of items of contract agreement executed in between parties, if arbitrator..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Courts should not interfere with an award merely because an alternative view of facts and interpretation of contract exists - Courts needs to be cautious and should defer to the view taken by Arbitral Tribunal even if reasoning provided in award is implied unless such award portrays..........
Arbitration and Conciliation Act, 1996, Section 31(3) -- Arbitration award - Reasons in support thereof - Mandate of S.31(3) of the Act, is to have reasoning which is intelligible and adequate and which can in appropriate cases be even implied by Courts from a fair reading of award and documents referred to thereunder, if need be - However, provision does not require..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - When High Court concluded that there was no reasoned award, then award ceased to exist and Court was functus officio u/s 34 of the Act, for hearing challenge to award under provisions of S.34 of the Act and comes to a conclusion that arbitration award was not in terms of agreement, in..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Work contract - Tribunal though dealt with claims separately under different sub headings, but award is confusing and has jumbled contention, facts and reasoning without appropriate distinction - From perusal of award, inadequate reasoning and basing award on approval of respondent..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(1), Arbitration and Conciliation Act, 1996, Section 31, 34 -- Award - Limitation to raise a challenge to award - Starts running only from date when a copy of award is delivered to/received by aggrieved party...........
