Civil Procedure Code, 1908, Section 9, Indian Contract Act, 1872, Section 73, Arbitration Act, 1940, Section 34 -- Contract of insurance - Breach of contract - Damages suit - Plea of bar of jurisdiction - Arbitration clause pleaded - Civil Courts jurisdiction was barred - But defendant not making any application under S.34 of Arbitration Act - Seeking stay of all further..........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 31 -- Execution of decree - Application for - Contractual matter - Specific case of judgment-debtor that disputes raised by decree-holder were not referable to arbitration - Decree-holder after submitting no claim certificate had taken refund of security deposit - Remained..........
Civil Procedure Code, 1908, Section 89, Arbitration and Conciliation Act, 1996, Section 7 -- Civil Court - Arbitration agreement - Clause of Civil Court to be appointed as arbitrator - Not proper - Government or for that matter any party cannot compel Civil Court to arbitrate dispute on strength of agreement entered into between parties - Even S.89 does not obligate Court..........
Arbitration Act, 1940, Section 29, Civil Procedure Code, 1908, Section 152 -- Interest - Subordinate Judge did not grant interest in terms of S.29 of the Act - Granted by High Court in exercise of power u/s 152 CPC - Not justified - Remedy of respondent was either to prefer an appeal or to file a review petition...........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 16 -- Pending execution of Award - Parties again referred their dispute to arbitrators by agreement - Arbitrator started proceeding - Subsequent act of rescission of agreement by one party - Needs adjudication by arbitrators only - Question regarding excitability of award - To be..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Section 115, Constitution of India, 1950, Article 227 -- Application declining to appoint Arbitrator - Revision against - Not maintainable - However, revision treated to be one under Art. 227 Constitution of India as trial Court had not dealt the various pleas raised by the petitioner and the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Once an application is made by opposite party for referring the matter to arbitration in terms of arbitration agreement, thereafter Court cannot decide the application U.O.39.Rr.1, 2 as nothing further is required to be done. (Arbitration and Conciliation Act, 1996, S.7)...........
Arbitration and Conciliation Act, 1996, Section 37(3), Civil Procedure Code, 1908, Section 115 -- S.37(3) takes away the right of Second Appeal to High Court - Remedy of revision u/s 115 of CPC is neither expressly nor impliedly taken away by the Act...........
Arbitration Act, 1940, Section 14, 17, 39, 41, Civil Procedure Code, 1908, Order 9, Rule 13 -- Award made rule of Court after notice to appellant by Single Judge of High Court - Appellant moving an application U.O.9.R.13 for setting aside decree making the award rule of Court terming it ex parte and pleading sufficient cause of non appearance - Rejected by Single Judge -..........
Civil Procedure Code, 1908, Section 115 -- Arbitration award - Made rule of Court - Appeal dismissed - Revision - High Court set aside award on interpreting clause 45 and 46 of agreement and found that Arbitrator committed gross misconduct in awarding damages on misconstruction of clauses of contract - Held, High Court exceeded its revisional jurisdiction - Impugned..........
