Arbitration proceedings -Court can appoint any arbitrator other than the prescribed arbitrator as per the terms of agreement – disputes between contractors and Railways – as per the terms of agreement a railway Officer was to be appointed as arbitrator – decades lapsed no award was passed – High court appointed former Chief Justice of the … Continue reading
Arbitration and conciliation Act – Request for appointment of Arbitrator under sec.11 was rejected by High court – Apex court held that as both parties mutually agreed for arbitration by retired Hon’ble Judge of the Kerala High Court, without going into the question of merit, we set aside the impugned order dated 19th July, 2010 and refer the matter … Continue reading
Arbitration and conciliation Act – Despite of criminal proceedings and Despite of allegations of fraud and void etc., the arbitration proceedings can be initiated to resolve the disputes as per agreement – Disputes arose between Switzer land company and common wealth games 2010 organisation about payment of tail end payments – so many correspondences were made by the petitioner/ company – Respondent failed … Continue reading
Whether there is an arbitration clause in contract agreement – No – aggrieved party remedy is only civil court = Leave granted in SLP (C) Nos. 16117 of 2004, 17147 of 2004, 24655 of 2004, 26073 of 2004, 5951 of 2006, 12552 of 2006, 12553 of 2006, 8597 of … Continue reading
Arbitration Act – No Arbitration clause = Whether Clause 30 of B-1 Agreements entered into between the Government of Maharashtra and the appellant is in the nature of an arbitration clause is the question which arises for consideration in this appeal … Continue reading
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40827 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8426 OF 2013 (@ out of SPECIAL LEAVE PETITION (CIVIL) NO. 28418/2012 ) Delta Distilleries Limited … Petitioner Versus United Spirits Limited & Anr. … Respondents J U D G E M … Continue reading
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40682 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6997 OF 2013 (Arising out of SLP(C) No.33459 of 2012) M/s Young Achievers ….. Appellant Versus IMS Learning Resources Pvt. Ltd. ….Respondent J U D G M E N T K.S. Radhakrishnan, J. Leave granted. 2. IMS Learning Resources … Continue reading
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7134 OF 2012 (Arising out of SLP (C) No.8950 of 2010) Chloro Controls (I) P. Ltd. … Appellant Versus Severn Trent Water Purification Inc. & Ors. … Respondents WITH CIVIL APPEAL NOS. 7135-7136 OF 2012 (Arising out of SLP (C) No.26514-26515 … Continue reading
Published in http://judis.nic.in/supremecourt/imgs1.aspx?filename=40511 Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5086 OF 2013 (Arising out of SLP(C) No. 5595 of 2012) M/s. Swastik Gases P. Ltd. … Appellant Vs. Indian Oil Corp. Ltd. … Respondent JUDGMENT R.M. LODHA, J. Leave granted. 2. The short question that arises for consideration … Continue reading
THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE K.G.SHANKAR C.M.A.Nos.126 of 2012 and Batch 03.04.2013 M/s. Ashok International rep., by its Managing Director. State of A.P. and others. Counsel for the Appellant: Sri V.L.N.G.K.Murthy Counsel for respondents: G.P. for Arbitration <GIST: >HEAD NOTE: ? Cases referred: 1. AIR 1988 SUPREME COURT … Continue reading