Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest pendente lite - Work contract as awarded to respondent completed on 30.8.1977 - However, respondent did not take any steps till 25.6.1989 for a period of 12 years to raise his claim - Very conduct of respondent for remaining silent for such a long period would disentitle him for interest..........
Arbitration and Conciliation Act, 1996, Section 36 -- Arbitral award - Enforcement - Where time for making an application to set aside arbitral award has expired u/s 36 of the Act, award might be enforced in accordance with provisions of CPC in the same manner as it were a decree of Court...........
Constitution of India, 1950, Article 226, 227 -- Writ petition - Arbitral award - High Court ought not to have entertained the writ petition u/arts 226, 227 of Constitution against award made by Arbitrator made under Arbitration Act and against an order passed by trial Court making the award a decree and without availing alternative statutory remedy available by way of..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Jurisdiction of High Court u/s 37 of the Act is distinct from jurisdiction in a first appeal arising out of a decree in a civil suit - High Court committed error in reversing judgment of District Judge in decreeing claim in its entirety - Award of arbitrator was challenged unsuccessfully by..........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Foreign award - Enforcement of - Foreign awards are not decrees of an Indian civil Court and after it is granted recognition and enforcement u/s 48 of the Act, would be deemed to be a decree of that Court, which has adjudicated upon petition filed u/ss 47, 49 for limited purpose of enforcement ...........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Enforcement of Foreign award - Applicability of provision of S.5 of Limitation Act - Application u/s 47 of the Act is not an application filed under any of provisions of O.21 CPC - Application is filed before appropriate High Court for enforcement, which would take recourse to provisions of O.21 CPC only for..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Compromise decree - Plea of fraud - Where plea that compromise decree is vitiated by fraud has been raised, merits of such plea could only be decided by civil Court upon consideration of evidence adduced by parties, parties cannot be referred to arbitration...........
Arbitration and Conciliation Act, 1996, Section 36(3) - - Money decree award - U, conditional stay of award - Validity - S.36 of the Act does not provide for any special treatment to Government while dealing with grant of stay in an application under proceedings of S.34 of the Act - Grant of stay is to be conditional as per S.36(3) of the Act - Courts ought not to pass an..........
Arbitration and Conciliation Act, 1996, Section 11(6), 15(2), 34 -- Application for appointment of arbitrator - Non-adjudication with regard to limitation and/or validity of the counter claim made and/or decision by Council operating as res-judicata - As per the mandate of the arbitral Tribunal appointed by the parties stood terminated with their withdrawal from the office..........
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,..........
