Agreement to sell -- Specific performance - Arbitration clause - Dispute referred to arbitrator - Arbitral award ordering specific performance - Vendee failed to deposit the amount as required to pay as per arbitral award enforceable being a decree under CPC - Even no steps or attempt being made for such payment showing bona fides - Relief of specific performance, held,..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Clause 19 of contract clearly stated that no escalation is permissible to contractor for increase in wages of labour due to statutory hike during execution of contract - Since respondent voluntarily agreed before accepting contract, any departure cannot be allowed - Even..........
Arbitration and Conciliation Act, 1996, Section 34(3) -- Arbitral award - Setting aside - Limitation - Condonation of delay - S.34(3) Proviso of the Act, gives discretion to Court to condone delay for sufficient cause, but that discretion cannot be extended beyond period of 30 days, which is made exclusively clear by use of words `but not thereafter', which is mandatory..........
Arbitration and Conciliation Act, 1996, Section 34, 31(5) -- Arbitral award - Setting aside - Limitation - Appellant accepted award being head of family on behalf of himself and his family under an acknowledgment, in terms of compliance of S.31(5) of the Act - Service of arbitral award on appellant thus, amounts to service on other appellants and they cannot plead no,..........
Arbitration and Conciliation Act, 1996, Section 34, 16(2) -- Arbitral award - Setting aside - Objection as to jurisdiction - Can be raised u/s 34 of the Act, even if no such objection was raised u/s 16 of the Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Legal plea - Objection as to legal plea can be raised even without there being a formal pleading...........
Arbitration and Conciliation Act, 1996, Section 36 -- Arbitral award - Enforcement - Award is to be enforced in accordance with provisions of CPC in the same manner as if it were a decree - However, award itself is not a decree of civil Court, it is thus, enforcement mechanism which is akin to enforcement of a decree...........
Arbitration and Conciliation Act, 1996, Section 36 -- Arbitral award - Enforcement - Arbitral award can straightaway be filed and executed in Court where assets are located - No requirement for obtaining a transfer of decree from Court, which would have jurisdiction over arbitral proceedings...........
Arbitration and Conciliation Act, 1996, Section 42 -- Arbitral award - When an award is already made of which execution is sought, arbitral proceedings already stand terminated on making of final award - S.42 of the Act would not apply to an execution application...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Scope for interference to an Arbitration award is very limited - Arbitrator passed a reasoned and detailed award - Single Judge considered all the grounds of challenge raised by appellant u/s 34 of the Act in accordance with law and has rightly come to conclusion that there is no..........
