Arbitration and Conciliation Act, 1996, Section 34, 37, 19(1) -- Proceedings u/ss 34, 37 of the Act - Applicability of CPC - Provisions of CPC are not applicable to proceedings u/ss 34 & 37 of Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 37(1)(c) -- Appeal - Power of remand - There is no statutory embargo on the power of Appellate Court u/s 37(1)(c) of the Act to pass an order of remand - However, looking at the scheme of the Act, Appellate Court can exercise power of remand only when exceptional circumstances make an order of remand unavoidable...........
Arbitration and Conciliation Act, 1996, Section 37(1)(c) -- Appeal - Power of remand - Single Judge has elaborately dealt with merits of challenge in petition u/s 34 of the Act - Remand was thus, completely unwarranted - Benefit of a decision of Appellate Court dealing with all the issues dealt with by Single Judge while deciding petition u/s 34 of the Act not available -..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Time limit for arbitral award - Extension of time - Power u/s 29-A(4) of the Act vests in the Court as defined in S.2(1)(e) of the Arbitration and Conciliation Act - It is the principal Civil Court of original jurisdiction in a district which includes a High Court provided the High Court has ordinary original civil..........
Arbitration and Conciliation Act, 1996, Section 29A(6) -- Time limit for arbitral award - Extension of time - Power u/s 29-A(6) of the Act is only a consequential power vesting in the Court which is empowered to extend the time - If the Court finds that cause of delay is one or all of the arbitrators, while extending the time, Court has power to replace and substitute the..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Work contract - Construction of terms of a contract is to be adjudicated by arbitral Tribunal - If after considering the material on record, arbitral tribunal takes a particular view on interpretation of contract, Court u/s 34 of the Act does not sit in appeal over findings of arbitrator...........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Return of plaint - Lack of territorial jurisdiction - Agreement for which specific performance is sought for is a draft agreement, not signed by applicants - Provision of S.8 of Arbitration and Conciliation Act would not be applicable - Subject matter of suit would not..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Two contracts - Reference in the second contract to the terms and conditions of the first contract - A general reference would not have the effect of incorporating the arbitration clause - Impugned order appointing arbitrator set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Parallel proceedings under Arbitration Act and criminal action in terms of S.138 of the Act can be maintained - If at all there is any award in proceedings before arbitration, then at the most, it can be a defence to accused and cannot be a ground to hold complaint u/s 138 of the Act not maintainable -..........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 12(2) -- Return of plaint - Lack of pecuniary jurisdiction - Commercial dispute - S.12(2) of CC Act stipulates that pecuniary jurisdiction should be determined based on aggregate values delineated in statements of claim and counter claim on the date of presentation, rather than additional..........
