CiteTEXT
...thirdly, the right to appoint an arbitrator has been given only to M/s. AVN Tubes Limited and the decision of the Arbitrator of M/s. AVN Tubes Ltd. is to be considered final and binding on both the...& Ors. reported in (1998) 2 SCC 281;
iii) Alcatel India Limited & Anr. Vs. Koshika Telecom Limited & Ors. reported in 2004 (3) Arb. L.R. 107 (Delhi...prejudice to the above Clause 17, of the Contract the Company, M/s. AVN Tubes Limited, reserves its right to go in for arbitration, if any dispute so arisen is not mutually settled within 3 months of...
...appoint an Arbitrator has been given only to M/s. AVN Tubes Limited and the decision of the Arbitrator of M/s. AVN Tubes Ltd. is to be considered final and binding on both the parties. The Court held that...—‘Without prejudice to the above Clause 17, of the Contract the Company, M/s. AVN Tubes Limited, reserves its right to go in for arbitration, if any dispute so arisen is not mutually settled within 3...months of such notice given by the Company to the Contractor. And, the award of the Arbitration, to be appointed by the Company, M/s. AVN Tubes Limited, shall be final and binding on both the Company...
...ORDER1. These are applications filed by the Judgment Debtor (‘JD’), Jindal Exports Limited (‘JEL’), seeking certain directions in the execution petitions.2. The...(‘1996 Act’), the Award itself is a decree, as has been held by the Supreme Court in this very case in Fuerst Day Lawson Ltd. v. Jindal...background to these applications is that there were two foreign Awards, one dated 13th August 1996 and the other dated 16 October 1996 in favour of the Decree Holder (‘DH’), Fuerst Day Lawson (FDL), a...
...Arbitration and Conciliation Act, 1996 (26 of 1996), the Central Government hereby appoints the 22nd day of August, 1996, as the date on which the said Act shall come into force...Gmbh v. Steel Authority Of India Ltd. . (1999) 9 SCC 334 that a foreign award passed after the commencement of the Act is to be...enforced/executed under the said Act alone being stamped as decree; in this ruling the reasoning and conclusions of the Gujarat High Court in Western Shipbreaking Corpn. v. Clare Haven Ltd...
...and wiling to deposit in court bond certificates of the Indian Railway Finance Corporation Limited, it was ordered that the said bond certificates might be retained by the Registry of this court as a...reflect the actual intention of the Legislature. But it could be held that the same may be referred to for the limited purpose of ascertaining the purpose of the mover at the time of introducing the...force in India, made on or after the 11th day of October, 1960
(a) in pursuance of an agreement in writing for arbitration to which the Convention set forth in the Schedule applies, and
(b) in one of such...
...FARE Act, 1961 and consequently ordered release of security to the extent 1.74 Crores. By a separate order passed on the same day in EA No. 346/98 filed in Execution Petition No. 16/98, it was held that...respondent on the decision of Division Bench of this Court in East India Hotels Ltd. v. Jyoti Pvt. Ltd., 1996 III AD (Delhi) 242 in support of this proposition. It has...upon the decision of this Court in East India Hotels Ltd. case (supra) that Section 10 of the Delhi High Court Act does...
...given).7. Therefore, four ‘categories’ of appeals lie to the Delhi High Court.a. Firstly, appeals under Section 10 of the DHC Act but they are limited only to those...others” really makes no difference except to emphasize that an appeal may be filed only against limited orders. The fact of the matter is that Page: 231an appeal under the Letters Patent is not...territory of Delhi, all such original, appellate and other jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of the said territories by the High...
...of. Since the respondent was ready and wiling to deposit in court bond certificates of the Indian Railway Finance Corporation Limited, it was ordered that the said bond certificates might be retained...was originally there. The same, therefore, may not reflect the actual intention of the Legislature. But it could be held that the same may be referred to for the limited purpose of ascertaining the...Singh ; Renu Sagar Power Company Ltd. Vs. General Electric Company, and Director of Enforcement Vs. Deepak Mahajan, .
10. The aforesaid submission of the learned counsel for...
...arbitration. Section 50 on the other hand contains the provision of appeal in a much limited framework, concerned only with the enforcement of the New York Convention Awards. In one sense, the two...excess of, or not in accordance with the award. Thus, even the limited basis on which an appeal would lie under sub-section (2) of Section 6 of the 1961 Act, is taken away. There is, thus, no scope...foreign award under Section 48.75. There can be no doubt that under Section 6, except on the very limited ground, no appeal including a letters patent appeal was...
...Marriott Intemation Inc. & Ors. v. Ansal Hotels Limited & Another wherein it was held that Courts in India have no power to issue interim order under Section 9 of the Act in....The Decree Holder M/s. Fuerst Day Lawson has launched these execution proceedings for enforcement of foreign award dated 13th August, 1996. This Court had vide order dated 4th August, 1998 issued...
...Developers and Inter-Trade Private Limited Vs. AMCI (India) Private Limited & Anr.8, Shree Chamundi Mopeds Ltd. Vs. Church of South 7 2008(1) Arb. LR 588 (Delhi... 14 carbp 414-18 Sakuma Exports Limited (supra). Dr.Saraf would next contend that Articles 136 and 137 prescribe the time from which period begins to run, namely that in case of...Spa v/s. Jindal Drugs Limited (supra). In my opinion considering the facts of the present case and as noted above, that the Supreme Court on 10 March 2017 set aside the order passed by this Court...
...was executed at Ranchi, the supply was made at Ranchi, the bills were submitted at Ranchi and payment was made to the respondent-M/s Tirupati Stationers Private Limited at Ranchi however, the claim...arbitration was in pursuance of an arbitration agreement referred to in sub-section (1) of Section 7 of the 1996 Act. In "Fuerst Day Lawson Ltd. Vs. Jindal Exports ...
General Manager, Bharat Sanchar Nigam Ltd., Ranchi through Sri B.K. Mishra, SDE Legal office of the General Manager, Ranchi, P.O. G.P.O., Ranchi, P.S. Kotwali, District Ranchi...
...support the submission reliance is placed on the judgment given in the case of Sasan Power Ltd. Vs. North Americal Coal Corpn. (India) (P) Ltd., r...seeking decree for eviction under the provisions of the Maharashtra Rent Control Act, 1999. To support the submission reliance is placed on the judgment given in the case of Ravindra Vs...
...BOOZ ALLEN AND HAMILTON INC. VS. SBI HOME FINANCE LIMITED AND OTHERS, (2011) 5 SCC 532. 3. I have considered the submissions made by learned counse...FUERST DAY LAWSON LTD. VS. JINDAL EXPORTS LTD.,, (2011) 8 SCC 333, ...(MAURITIUS) LTD. & ORS.,, (2008) 4 SCC 91 AND KANDLE EXPORT CORPORATION AND ANOTHER VS. OCI CORPORATION AND ANOTHER, CIVIL APPEAL...
...identical issue against the respondent had also came up before this Court in the case filed by Pueblo Holdings Limited Vs..., Commercial Court, High Court, UK in Case No : 2014 FOLIO 1243 for a limited issue relating to jurisdiction. 3.The Queen's Bench Division, Commercial Court, High Court, UK
2/5...concluded that the award was enforceable taking note of the decision of the Hon'ble Supreme Court in Fuerst Day Lawson Ltd., Vs. ...
...finding would show that it had also relied upon the decision of the Supreme Court in Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.... Mahalaxmi Sugar Mill Co.Ltd. vs. CIT (1986) 157 ITR 683 (Del.) Imcola (Exports) Ltd. ITA 974/Mum/2009. Respectfully following the same we uphold...liability. In the case of ACIT vs. NTPC in ITA 4246/Del/2011 order dt. 23.11.2011, the Tribunal at page 6 para 7 onwards held as follows. ITA 4076/Del/2013 AY: 2009-10 National Fertilizers Ltd...
...Usha Drager Pvt. Ltd. vs. Dragerwerk AG (2010) 170 DLT 628 (Delhi), Maruti Clean Coal and Power Limited vs. Kolhai Infotech Pvt. Ltd. ...Hindustan Copper Limited Vs. Nicco Corporation Ltd. (2009) 6 SCC 69, though of prior to Commercial Courts Act, it has been held that the return...Financial Services Limited vs. Haryana Petrochemicals Ltd. MANU/DE/0794/2008 (Delhi), it was held, this time in the context of the Arbitration and Conciliation Act, 1996, that the embargo of the...
...(Fuerst Day Lawson Ltd. vs. Jindal Exports Ltd.) and 2010 Volume 1 Mh.L.J....
8
16. Fuerst Day Lawson Ltd. (supra) has held that, no Letters Patent appeal would lie against a...) and 2024 SCC OnLine Cal 2530 (Sabri Properties Pvt. Ltd. and Others vs. Forstees Exports (India...
...following reported judgments:- (i) AIR 2001 SC 2293 -M/s. Fuerst Day Lawson Ltd., Vs. Jindal ...., (ii) AIR 2003 SC 2523 - Delhi Transport Corporation Ltd., Vs. Rose Advertising. Page 5...of 16 / (iii) AIR 2002 SC 1139 - Narayan Prasad Lohia Vs. Nikunj Kumar Lohia and ors...
...in Civil Appeal Nos.843-844 of 2021 {Bharat Sanchar Nigam Limited and another Vs. Nortel Networks India Private...
Oil India Limited case {Oil India Limited Vs. Techno Canada Inc...Limited
reported in (2021) 5 SCC 738} wherein it was held that in cases where claim appears to be ex facie time barred and it...