Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration - Civil suit for eviction - Suit filed on the basis of lease deed containing arbitration clause - Application u/s 8 by tenant - Held, eviction suit arising out of lease deed is maintainable before Civil Court, despite existence of arbitration clause in lease deed - Application rightly rejected...........
Delhi Rent Act, 1955, Section 3(c) -- Applicability of Act - Provisions of Act not applying to certain premises as per S.3 of the Act - But that does not mean Arbitration and Conciliation Act ipso facto will be applicable, even though lease deed contains arbitration clause - Rights of parties and demised premises will be governed by T.P. Act and civil suit will be triable..........
Arbitration and Conciliation Act, 1996, Section 34, 11 -- Arbitration - Work contract - Quantum of interest - Delay in invocation of Arbitration clause - In the instant case on account of delay in supply by respondent, petitioner party paid deducted payment and liquidated damages - First arbitrator took 6 years to pass order - However, Division Bench set aside order of..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement has taken objection with regard to suit being premature on ground of no, invoking of arbitration clause - Petitioner did not move any application u/S.8 of Act before filing of written statement - Such application..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement wishes to get issue No.3 to be treated as preliminary issue so as to get suit dismissed as premature in view of existence of arbitration clause in agreement - Once written statement was filed, it amounted to..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement wishes to get issue No.3 to be treated as preliminary issue so as to get suit dismissed as premature in view of existence of arbitration clause in agreement - Issues were framed and trial Court proceeded with case..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Existence of arbitration clause - Would only entail an order u/s 8 of Arbitration and Conciliation Act to refer dispute to arbitration - Mere existence of arbitration clause in agreement between parties, does not precludes any person from instituting a civil suit - Order of rejection of plaint held, not..........
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 20 -- Place of arbitration - Neutral venue can be chosen by parties to an arbitration clause, even though no cause of action has arisen at the neutral venue and neither of the provisions of Ss.16 to 21 CPC is attracted - The moment `seat' is determined, it is akin to an exclusive jurisdiction for the purposes of regulating..........
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'...........
