Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Locus standi - Distributorship agreement - Clause 15 of agreement permitted only distributor/appellant no.1 to refer dispute to the arbitrator - Reference of dispute at the behest of respondent cannot be made for adjudication to an arbitrator - Impugned order of High Court appointing..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Interest pendente lite - If contract expressly bars award of interest pendente lite, the same cannot be awarded by arbitrator - Bar to award interest on the earnest money or security deposit or the amounts payable under contract not sufficient to deny payment of pendente lite interest...........
National Highways Act, 1956, Section 3A -- Arbitration - Appointment of arbitrator - Land acquisition proceedings - Land acquired in year 2004 - However, appellant yet to receive full compensation - Matter still pending before statutory Arbitrator, appointed u/s 3G(5) of National Highways Act - Matter requires expeditious disposal - Thus, it is just and proper to appoint..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was..........
Arbitration and Conciliation Act, 1996, Section 8 -- Arbitrator - Agreement coming to an end by mutual consent - Arbitration clause does not get perished nor is rendered inoperative ...........
Arbitration and Conciliation Act, 1996, Section 8 -- Arbitrator - Civil Court has no jurisdiction to entertain a suit after an application is made u/s 8 of the Act...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Chief Justice of High Court or the designated judge while exercising power u/s 11(6) of the Act is not bound to nominate an arbitrator as specified in the agreement for arbitration and is free to appoint an independent arbitrator...........
Arbitration and Conciliation Act, 1996, Section 34, Sale of Goods Act, 1930, Section 64A -- Setting aside of award - Increase in price of diesel - No escalation clause in contract - Rejection of claim - Arbitrator overlooked S.64-A of Sale Of Goods Act - Increase in price of diesel which was a statutory increase had to be compensated - Award set aside - Cost compensated...........
Arbitration and Conciliation Act, 1996, Section 31(3), 34 -- Setting aside of award - Excepted matters - Arbitrator declined to adjudicate the claims on the ground that the matter is excepted matters without giving any reasons - Award held, to be in conflict with public policy and is hereby set aside...........
Arbitration and Conciliation Act, 1996, Section 34 -- Setting aside of award - Excepted matters - Unauthorized deductions - Arbitrator rejected claim on the ground that these were excepted matters without actually examining if foundational conditions for such exclusion were satisfied - Excluding of above claims from purview of arbitration, there should be a decision on..........
