S.K.U.A.S.T. and Ors. vs B.V. Sharma
J & K Arbitration Act-Definition of court-Additional District Judge exercised the same jurisdictional powers as the Principal Civil Court of original jurisdiction. Thus, the finding of the lea [LexDoc Id : 347963]
Hatti Gold Mines Co. Ltd. vs Vinay Heavy Equipments
Appeal against award-Bar of limitation-S.14 of the Limitation Act 1963 was applicable to an application made under s.34 of the Arbitration and Conciliation Act 1996 for setting aside an awa [LexDoc Id : 337239]
SC
2008
Praveen Gupta vs Star Share and Stock Brokers Ltd.
Challenge to arbitral award-Consideration of material documents-The high court set aside the arbitral award since the arbitral tribunal had overlooked certain material documents. The petitioner had established by s [LexDoc Id : 341498]
Surana Telecom Ltd., Bhagyanagar India Ltd. vs Bharat Sanchar Nigam Ltd.
Invocation of arbitration clause-Existence of dispute-A petition for appointment of arbitrator was dismissed as any modification or variation of the clauses governing the parties could not be termed as ‘d [LexDoc Id : 340293]
HC (Delhi)
2008
S.N. Malhotra and Sons vs Airports Authority of India and Ors.
Jurisdiction of arbitral tribunal-Objection-The objection with respect to the arbitrator’s jurisdiction could not be raised in an appeal against the award passed by the arbitrator. The objection [LexDoc Id : 340292]
HC (Delhi)
2008
I.T.I. Ltd. vs Himachal Futuristic Communications Ltd.
Appeal against an arbitral award-Maintainability-A high court could entertain an appeal against an order passed under s.16(2) of the Arbitration and Conciliation Act 1996 only if the plea that the ar [LexDoc Id : 340295]
HC (Delhi)
2008
Hindustan Lever Ltd. vs Shiv Khullar and Anr.
Appeal against an arbitral award-Maintainability-An appeal against the Trail court judge’s order rejecting interference with an award was allowed. The high court opined that for a Trial Judge to reco [LexDoc Id : 340289]
Jimmy Construction (P) Ltd. vs UOI and Ors.
Arbitral award-Set aside-An arbitral award was set aside as the composition of the arbitral was not in accordance with the agreement and further, it was ex-parte and therefore [LexDoc Id : 340859]
HC (Bombay)
2008
Thomas and Co. (P) Ltd. vs Bell Poly Moulders (P) Ltd. and Anr.
Reference to arbitration-Appointment of arbitrator-A retired judge of the Delhi High Court was appointed as sole arbitrator in a petition filed under s.11 of the Arbitration and Conciliation Act 1996. [LexDoc Id : 340294]
GE Capital Transportation vs Shamsuddin
Arbitration-Appointment of receiver-In a petition for ex parte appointment of receiver for taking possession of the vehicle, the matter was remanded back for re-examination of the reques [LexDoc Id : 340296]
Rajesh Kumar Garg, Om Prakash Singhla and Hari Om Verma vs MCD and Anr.
Appointment of arbitrator-Barred by limitation-A petition for appointment of arbitrator was dismissed as it was barred by limitation. The applicants were demanding arbitration after about 6-8 years [LexDoc Id : 340297]
