Arbitration and Conciliation Act, 1996, Section 20 -- Place of arbitration - Seat of arbitration `Mumbai' as per arbitral clause - Mumbai Courts alone have jurisdiction to the exclusion of all other Courts, as the juridical seat of arbitration is `Mumbai'...........
Arbitration and Conciliation Act, 1996, Section 36, Micro Small and Medium Enterprises Development Act, 2006, Section 30, 21(3), Madhya Pradesh Micro and Small Enterprises Facilitation Council Rules, 2006, Rule 5 -- Recovery of arrears of land - Procedure u/R.5 of Rules - Procedure cannot be said to be illegal or arbitrary in any manner and cannot be said to be violative..........
Arbitration and Conciliation Act, 1996, Section 34(3) -- Arbitration award - Setting aside - Delay - Order passed by Single judge on application for condonation of delay in filing petition for setting aside arbitral award - Remedy of Letters Patent Appeal against said order is not available...........
Arbitration Act, 1940, Section 30, 39 -- (Since repealed) - Arbitral award - Setting aside of award - Claim of payment on account of non-lifting of minimum quantity of gases - Claimant informing buyer before emptying cylinders by blowing of unlifted gases - No action taken by buyer - Therefore, findings of High Court that due intimation was not given to buyer, not proper -..........
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 8, 7 -- Arbitration agreement - Oral agreement substituting written agreement which contained a clause for arbitration - Same clause for arbitration would also be applicable to oral agreement...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Arbitral award has to be assailed within a period of 3 months - Where after, condonation of delay is permissible only for a further period of 30 days - Delay beyond the period of 3 months 30 days is not condonable...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Condonation of delay - Delay of 5 years and 8 months in assailing the award - Delay beyond period of 3 months 30 days not condonable - Delay not condoned - However, appeal dismissed with exemplary cost quantified at Rs.5 lakhs on account of abuse of judicial process...........
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...........
