Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 16 -- Arbitral award - Setting aside - Applicability of S.16 CPC - Controversy between parties does not pertain to recovery of immovable property, partition of immovable property, foreclosure sale or redemption of immovable property, determination of any other right to immovable..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Question of jurisdiction - Held, it is a pure question of law and needs to be adjudicated only on the basis of statutory provisions...........
Arbitration and Conciliation Act, 1996, Section 42 -- Arbitral award - Setting aside - Held, disputes arising out of same arbitration agreement, arbitral proceeding or arbitral award would not be adjudicated upon by more than one Court even though jurisdiction to raise such disputes may legitimately lie before two or more Courts...........
Arbitration and Conciliation Act, 1996, Section 34, 2(1)(e) -- Arbitral award - Setting aside - Proceedings initiated by appellants before District Judge and proceedings initiated by respondent on "ordinary original civil side" of High Court of Bombay were filed on same day - Held, matters to be adjudicated on "ordinary original civil side" by High Court of Bombay -..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit challenging decree based on award in arbitration proceedings - Bar to suit - Allegation made in plaint is not that compromise on which decree is based was not lawful - Allegation was that decree itself was obtained by practicing fraud upon plaintiff - Held, bar U.O.23.R.3-A not applicable to the..........
Civil Procedure Code, 1908, Order 23, Rule 3A, Arbitration and Conciliation Act, 1996, Section 32 -- Suit challenging decree based on arbitration award on the allegation that decree was obtained by fraud and misrepresentation is not barred u/s 32 r/w S.47 of Arbitration Act and such suit is maintainable before Civil Court...........
Arbitration and Conciliation Act, 1996, Section 34, 35, 36 -- Arbitral award - When becomes enforceable - Held, award becomes enforceable when time for making application to set aside arbitral award has expired or having been filed it has been refused and further it is enforceable in the same manner as if it were a decree of Court...........
Arbitration and Conciliation Act, 1996, Section 37 -- Arbitration award - Appeal - Procedural law - Held, whatever may be the status of award under the Act in respect of any other statute, but when it is challenged in an appeal u/s 37 of the Act, underlying principle of CPC is applicable...........
Arbitration and Conciliation Act, 1996, Section 34, 35, 36 -- Arbitral award - When becomes enforceable - Held, award becomes enforceable when time for making application to set aside arbitral award has expired or having been filed it has been refused and further it is enforceable in the same manner as if it were a decree of Court...........
Arbitration and Conciliation Act, 1996, Section 37 -- Arbitration award - Appeal - Procedural law - Held, whatever may be the status of award under the Act in respect of any other statute, but when it is challenged in an appeal u/s 37 of the Act, underlying principle of CPC is applicable...........
