Arbitration and Conciliation Act, 1996, Section 14, 11, 12(5), 15 -- Termination of mandate of Arbitrator and appointment of a new arbitrator - Earlier Arbitral Tribunal lost its mandate by operation of law in view of S.12(5) read with Seventh Schedule of the Act - Fresh Arbitrator has to be appointed under the provisions of Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 34(4) -- Arbitral award - Setting aside - Remission of matter to arbitrator - Discretion is vested with Court for remitting the matter to Arbitral Tribunal to give opportunity to resume the proceedings or not - Merely because application is filed u/s 34(4) of the Act by a party, it is not always obligatory on part of Court to..........
Arbitration and Conciliation Act, 1996, Section 34(4), 34(1), 34(2A), 31 -- Arbitral award - Setting aside - Resumption of arbitral proceedings - Court in appropriate cases on request made by a party, can give opportunity to arbitrator to resume arbitral proceedings for giving reasons or to fill up gaps in the reasoning in support of a finding which is already rendered in..........
Limitation Act, 1963, Section 5, Arbitration and Conciliation Act, 1996, Section 34(3) -- Condonation of delay - Delay of 197 days in filing petition u/s 34 of 1996 Act - S.5 of Limitation Act is not applicable to condone delay beyond the period prescribed u/s 34(3) of 1996 Act - Delay of 197 days being beyond the period prescribed u/s 34(3) of 1996 Act cannot be condoned...........
Arbitration and Conciliation Act, 1996, Section 34 -- Scope - When order is passed without recourse to arbitration and in utter disregard to provisions of the Act, S.34 of the Act will not apply...........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(3) -- Conciliation proceedings - Where appellant had not submitted its reply at conciliation stage and failed to appear, Facilitation Council can at best record failure of conciliation and proceed to initiate arbitration proceedings in accordance with relevant provisions of Arbitration and Conciliation..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(3) -- Conciliation proceedings - Appellant failed to appear in proceedings for conciliation on very first date of appearance - As per S.18(3) of the Act, when conciliation fails and stand terminated, dispute between parties can be resolved by arbitration - Facilitation Council did not initiate arbitration..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Contract of maintenance of road awarded to respondent - Respondent/contractor claimed amount towards additional expenditure for maintenance of road which was damaged due to diversion of heavy traffic - Arbitrator awarding amount beyond the date upon entering reference..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Claim of amount towards additional expenditure for maintenance of road - Cause of action arose subsequently due to diversion of traffic due to which contractor was required to incur additional expenditure for maintenance of road - Contractor thus, entitled to loss on..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Claim of amount towards additional expenditure for maintenance of road - Arbitrator should not have awarded amount of Rs.45,000 per Km per Month beyond the time period of additional traffic, as additional traffic cease to exist w.e.f Jan 2008 - To that extent award passed..........
