Numaligarh Refinery Ltd. vs Daelim Industrial Company Ltd.
Challenge to award-Intervention of court-There was no prohibition on interference of the court in arbitral proceedings if the arbitrator had acted without jurisdiction and had prejudiced the [LexDoc Id : 325721]
Mohinder Pal Singh vs Northern Railway
Grant of claim-Omission of interest-An award was modified to grant interest on the awarded amount for pre-reference period when it was evident that the arbitrator inadvertently omitted t [LexDoc Id : 335700]
HC (Delhi)
2007
Indian Oil Corpn. vs Lloyds Steel Industries Ltd.
Award of liquidated damages-Proof of actual loss-Liquidated damages awarded by way of an award were justifiable only if the loss had been proved beyond reasonable doubt as otherwise it would result i [LexDoc Id : 330029]
Bharat Sewa Sansthan vs U.P. Electronics Corpn. Ltd.
Arbitration proceedings-Denial of judicial interference-An appeal against denial of judicial interference in arbitral proceedings was dismissed as the disputed claims between the parties could be appropriat [LexDoc Id : 326675]
Symphony Services Corp. India (P) Ltd. vs Sudip Bhattacharjee
Arbitration proceedings-Order of attachment-The Trial Judge had not only erred in disposing off an application under s.9 of the Arbitration and Conciliation Act 1996 but also in granting the ext [LexDoc Id : 347479]
UOI vs Bharat Battery Mfg. Co. (P) Ltd.
Appointment of arbitrator-Cessation of right-The power of any of the parties to appoint an arbitrator ceased permanently once a petition under s. 11(6) of the Arbitration and Conciliation Act 199 [LexDoc Id : 324467]
K.A. Mahboob Basha and Anr. vs K.A. Mohamed Ibrahim and Ors.
Setting aside an award-Period of limitation-The period of limitation prescribed for setting aside an award was 30 days from the date of service of notice of the filing of the said award. [LexDoc Id : 334422]
HC (Chennai)
2007
Centurion Bank of Punjab vs Mahesh Lal
Reference of dispute to arbitration-Existence of arbitration agreement-An application for reference of a dispute to arbitration was allowed even though the name of the proposed arbitrator was not mentioned therein since m [LexDoc Id : 334420]
HC (Punjab and Haryana)
2007
M.K. Construction Co. vs State of Gujarat and Anr.
Reference of dispute-Payment of court fees-The court fees paid at the time of application for reference of a dispute to arbitrator had no bearing whatsoever on substantive references for arbitr [LexDoc Id : 334419]
HC (Gujarat)
2007
Inderjit Mehta Construction (P) Ltd. vs UOI and Anr.
Interpretation of arbitration agreement-Interference of Court-A dispute with regard to interpretation and applicability of clause 6A of the arbitration agreement which dealt with discrepancies and adjustment of e [LexDoc Id : 326676]
HC (Punjab and Haryana)
2007
Bimal Ghosh and Ors. vs Kalpana Majumdar
Valid arbitration agreement-Existence of bonafide dispute-The parties to a valid arbitration agreement could approach an appropriate court at any time in the event of existence of a bonafide dispute. Further, [LexDoc Id : 334434]
HC (Calcutta)
2007
National Aluminium Co. Ltd. vs The Doaba Industrial Trading Co. (P) Ltd.
Reference to arbitration-Existence of arbitration clause-The incorporation of an arbitration clause to a subsequent contract was statutorily recognized in the Arbitration and Conciliation Act 1996. Consequen [LexDoc Id : 334427]
National Jute Manufacturers Corpn. Ltd. vs Saroj Agarwal and Ors.
Illegal appointment of an arbitrator-Award set aside-An arbitral award was aside because the arbitrators were appointed in violation of provisions of s.10 and 11 of the Arbitration and Conciliation Act 1 [LexDoc Id : 338485]
HC (Patna)
2007
Aurohill Global Commodities Ltd. vs M.S.T.C. Ltd.
British rules of arbitration-Waiver of applicability of rules-A letter from the respondent-company concurring in principle with the offer of petitioner to be guided by the Arbitration and Conciliation Act 1996 co [LexDoc Id : 326288]
SC
2007
Shastri Construction Co. vs UOI and Ors.
Validity of award-Non-speaking award-No interference was warranted in a case where the arbitrator had passed a non-speaking award even though parties to the concerned arbitration agreemen [LexDoc Id : 337642]
