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..........
Partnership Act, 1932, Section 69(3), Arbitration and Conciliation Act, 1996, Section 9 -- Arbitration application by a partner of unregistered firm or by a person not shown as partner in Register of Firms - Section 69 of Partnership Act has no bearing on right of a party to an arbitration clause to file an application u/s 9 of Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 9 -- Receiver - Application for appointment - Dispute among 12 persons who are, or are alleged to be or claim to be partners in a firm - Partners grouped into three groups `A', `B' & `C' - Complaints by members of group `A' of violating their rights at the hands of group `B' - Application filed under S.9(ii)(d) of the Act for..........
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, Order 9, Rule 13, Arbitration Act, 1940, Section 17, 30, 33 -- Arbitration award - Objections not filed and ex parte decree passed - Held, O.9.R.13 CPC is applicable - If application for setting aside the award is filed beyond the prescribe time and sufficient cause for condoning the delay in filing objection application is established, Court..........
Arbitration Act, 1940, Section 33, Civil Procedure Code, 1908, Order 9, Rule 13 -- Arbitration award - Ex parte decree passed as objections u/s 33 of Arbitration Act not filed - Setting aside exparte decree - Held, provisions of CPC are applicable...........
Arbitration Act, 1940, Section 33, Civil Procedure Code, 1908, Order 9, Rule 13 -- Arbitration award - Objections u/s 33 not filed within 30 days from date of filing of award - - Decree passed - Amounts to an ex parte decree - O.9.R.13 CPC is applicable...........
Arbitration Act, 1940, Section 22, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 119 -- Arbitration award - Objections not filed within 30 days of filing of award - Ex parte decree passed - O.9.R.13 CPC applies - For limitation purpose provisions of Art.119 apply...........
Arbitration and Conciliation Act, 1996, Section 11(6), Civil Procedure Code, 1908, Order 9, Rule 13 -- Arbitrator - Exparte appointment - Setting aside - Appointment of Arbitrator under S.11(6) not a decree - It is not a judicial order but only an order passed in administrative capacity - O.9.R.13 CPC is not applicable to such a case...........
Civil Procedure Code, 1908, Order 9, Rule 13, Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Exparte appointment - Application U.O.9.R.13 CPC to set aside ex parte order - Not maintainable - However, even if such an application is assumed to be maintainable, order cannot be set aside as no prejudice is caused thereby to the applicant - Parties can..........
