Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - No claim certificate or discharge voucher - Alleged to be obtained by fraud, coercion, duress or undue influence but denied by the other party - Upon receipt of payment there was full and final settlement of claim under the contract - Payment of final bill made - After receipt of payment..........
Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration - Mortgage suit - Jurisdiction of Courts - Mortgage is transfer of right in rem - Mortgage suit for sale of mortgaged property is action in rem, for enforcement of right in rem - Suit on mortgage is not mere suit for money - Suit for enforcement of mortgage being enforcement of right in rem, will have to be..........
Arbitration and Conciliation Act, 1996, Section 8 -- Application u/s 8 of the Act - Limitation - Though S.8 of the Act does not prescribe any time limit for filing application and only states that application u/s 8 of the Act should be filed before submission of first statement on substance of dispute - Scheme of the Act and provisions of section clearly indicate that..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of Arbitrator - Tripartite construction agreement entered into between developer, owner of land and purchaser - Appellant bank not privy to such agreement - Separate agreement between bank and purchaser - Arbitration clause of construction agreement invoked by purchaser - Bank sought its impleadment but..........
Arbitration and Conciliation Act, 1996, Section 9 -- Application u/s 9 of the Act - Arbitration agreement not denied - Application and consequent appeal is maintainable...........
Arbitration and Conciliation Act, 1996, Section 9 -- Injunction restraining termination of dealership agreement - Failure to prove prima facie case, balance of convenience and irreparable injury - Held, injunction rightly refused...........
Arbitration and Conciliation Act, 1996, Section 9, 2(1)(3), 42, Civil Procedure Code, 1908, Section 20 -- Interim Relief - Territorial jurisdiction - Parties by way of agreement decided that place of arbitration would be State of Orissa - However application u/s.9 of Arbitration Act, filed in Court at Hyderabad - Held only courts in State of Orissa would be vested with..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator appointment - Arbitration agreement - Interpretation of Clause 4 a disputed matter and required to be adjudicated upon - Arbitrator appointed and all disputes between the parties relating to and arising out of agreement and termination agreement including clause 4 thereof referred to arbitrator...........
Arbitration and Conciliation Act, 1996, Section 31(5) -- Arbitration award - A signed copy of the award would normally be delivered to the party by the arbitrator himself - Any other copy of the award does not satisfy the requirement...........
Arbitration and Conciliation Act, 1996, Section 34(3) -- Arbitration award - Setting aside - Commencement of limitation for filing application to set aside award - Limitation commences from the date a signed copy of award is delivered to the party making the application for setting it aside...........
