Arbitration and Conciliation Act, 1996, Section 34, 36, Insolvency and Bankruptcy Code, 2016, Section 14(1)(a) -- Arbitral award - Setting aside - Objections - Where objections are settled against corporate debtor, its enforceability against corporate debtor is certainly covered by moratorium of S.14(1)(a) of the Code...........
Family Courts Act, 1984, Section 10(3), 12, Delhi High Court Mediation and Conciliation Rules, 2004, Rule 20, 21, Arbitration and Conciliation Act, 1996, Section 75, 81, Civil Procedure Code, 1908, Section 89 -- Mediation - Confidentiality and no, disclosure of information during trial - Mediator`s report and Counselor`s report cannot be used by parties during trial, when..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Pendency of arbitration proceedings between financier and insurer relating to recovery of loan amount - This does not negate the rights of insured against insurance company...........
Arbitration and Conciliation Act, 1996, Section 31(7)(a), (b) -- Arbitral award - Interest - Grant of - It is permissible to award interest on awarded sum, subject to agreement between parties, as per S.31(7)(a), (b) of the Act...........
Arbitration and Conciliation Act, 1996, Section 34, Constitution of India, 1950, Article 136 -- Appeal - Arbitral award regarding interest on various claims - Setting aside - Work contract - Plea based on clause 13(3) of Contract to defeat the claim of respondent no.1 relating to award of interest on various claims - Not raised by appellants at any stage of proceedings..........
Arbitration and Conciliation Act, 1996, Section 34, Constitution of India, 1950, Article 136 -- Appeal - Arbitral award regarding interest on various claims - Setting aside - Work contract - Plea raised by appellant defeating claim of respondent no.1 relating to award of interest on various claims - Appellants application u/s 34 of the Act is partly allowed only to extent..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Ground of public policy - When setting aside of award comes under ground of public policy, it would mean that award should shock conscience of Court and would not include what Court thinks is unjust on facts of case seeking to substitute its view for that of arbitrator to do what it..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Appellant awarded contract by respondent for earth excavation work - Performance of contractual obligations by appellant were dependent on reciprocal performances by respondent - Respondent failed to comply with its obligations - Accessibility to site was important part..........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - Liquidated damages - Delay in completing project - Matter to be adjudicated by arbitrator and not by Court - At this stage only prima facie view is to be taken and equity is to be balanced between parties - Interim order passed directing respondent to make all payment due to petitioner without deducting..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Illegal and unauthorised retention of security money - Claim of interest - Contract relating to upgradation and remodeling of Palika Bazar - Petitioner failed to place on record any document that there is any embargo on petitioner making any payment to respondent during pendency of..........
