CiteTEXT
...Order 2 Rule 2 of Code of Civil Procedure are applicable to the proceedings under the Arbitration Act, 1940.2. These two matters arise out of a c...competent authority i.e the Government; and (2) that, in any event, the arbitration proceedings were barred by the principles underlying Order 2 Rule 2 of the Code of Ci...such arbitration proceedings. The further contention is that, inasmuch as the claims were already made and they were enquired into and the awards passed and had also become rule of court, further claim was barred on the ana...
...subsequent claim filed by the respondent in the pending arbitration proceedings would be barred by the principles of Order 2 Rule 2 of the Code of Civil Procedure, 1908 (hereinaf...relinquishment is discernible in the present case inasmuch as the respondent had clearly and categorically stated that the counter-claim be excised from the purview of the pending arbitration proceedings because the respondent was g...provisions of Order 2 Rule 2 would be clearly applicable to arbitration proceedings. In support of this, he relied upon the decision in the case of...
...principles analogous to Order II Rule 2 were not applicable is not correct.13. There is no dispute that the provisions of Order II ...Order 6 Rule 17, has the jurisdiction to allow amendment, in the arbitration proceedings as well the same principles should ho invoked. It is true that if an award has been made then the....16. To put it differently, just as the principles analogous to Order II Rule 2 are applicable to the arbitration proceedings, similarly, princ...
...was wheher the provisions of Order 2 Rule 2 CPC were applicable to arbitration proceedings. It was held as under:—“The jurisdiction of the arbitrator is...analogous to Order 2 Rule 2 are applicable to the arbitration proceedings, similarly, principles analogous to Order 6 Rules 17 woul.... We are unable to agree with the learned Single Judge that in no case would the provisions of Order 2 Rule 2 be applicable. While the learned Single Judge has rightly held that the prin...
...Order 2 Rule 2, CPC were applicable to arbitration proceedings. It was held as under:
"The jurisdiction of the Ar...as the principles analogous to Order 2 Rule 2 are applicable to the arbitration proceedings, similarly, principles analogous to Order 6 Rule...17 would also be applicable. We are unable to agree with the learned Single Judge that in no case would the provisions of Order 2 Rule 2 be applicable. While the learned Single J...
...case. The principle behind Order II of the CPC is sanitary. The principle is to prevent multiplicity of proceedings Order 2 Rule 2 of the Code deals with the vice of sp..., in my opinion, should be considered to be barred even though the provisions of O. 2 B. 2 of the CPC in terms do not apply to arbitration proceedings in appropriate cases. In the judgment of the...not part of the previous dispute would be defeating the object of arbitration proceeding. I do not see why, the principles behind O. 2 of the Code should not be applied in the arbitration proceedings...
...Order II Rule 2 CPC these disputes cannot be referred to arbitration. He has referred me to Jiwani Engineering Works v. Union of...Act there is no reason why the principle thereof should not be applied to arbitration proceedings in appropriate cases. With respect to the learned judge I feel bound to differ on the applicability of ...arbitration proceedings. The reason is that the arbitrator is not a court. Order II Rule 2 applies...
.... State, A.I.R 1985 Gujarat 42). Here the learned Judge was considering the question whether Order 2 Rule 2 and 3 would apply to proceedings under ...”.11. Observing thus the learned Judge held that Order 2 Rule 3 enables the plaintiff in a suit under Section 20 “to include and unite in the same claim several...Section 20 of the Arbitration Act, is for an order directing the defendant to file the agreement, containing the arbitration clause, entered...
...gatherise from Order 2 Rule 2 of the Code of Civil Procedure, which could have been applicable to arbitration proceedings as well, after the award was entered into it wo...of the CPC were not applicable to the proceedings’ under the Act. Therefore, advertence to the principles possibly arising from Order 2 Rule 2 CPC has no relevance....2. There were 15 respondents arrayed as parties to the proceedings, including the present appellant-Infrastructure Leasing & Financial Services Limited (for short, IL & FSL). By order dated 14...
...instituted by him and not to a counter-claim or a defence not set up by defendant in the written statement but raised subsequently by means of a separate suit. In such a contingency Order 2 Rule ...Act was barred by time. He further urged that the claims now being raised by the petitioner are barred by the principles of constructive res judicata and under Order 2 Rule 2...work by the respondent. Therefore, the first objection of the respondent is rejected.5. In so far as the question of the application of Order 2 Rule 2 CPC is...
...and intimated the arbitrator that it would agitate two claims i.e. interest and storage charges. However, those two claims were dropped by the plaintiff during arbitration proceedings and included in the present suit. Therefore, all...regard to objection under Order 9 Rule 9 CPC. The suit was also not barred by principle of res judicata because the arbitration proceedings arose at the instance of the...was no more maintainable and as such the order had not been appealed against and that the dispute was not liable to be referred to arbitration and further the award of arbitration had been made rule...
...within three years. Irrespective of the applicability of the provisions of Order 2 Rule 2 of the CPC to the arbitration proceedings, the cause of action for extension of...No 28/2001 and 29/2001 for appointment of independent arbitrator and the exercise of power to extend time would also be barred under Order 2 Rule 2 of the CPC. I do not...any, till date; (2) the petitioner, as a pre-condition to the revival of the arbitration proceedings to pay costs of Rs 25,000/- in each case to Delhi Legal Services Authority and furnishes proof...
...present petitions (and the rejoinders therein) were filed within three years. Irrespective of the applicability of the provisions of Order 2 Rule 2 of the CPC to the arbitration ...arbitrator. This court in the order dated 28th February, 2006 found that the petitioner itself was to blame for the delay in the arbitration proceedings and it was the petitioner who had not acceded to...arbitration proceedings were adjourned sine die on 15th September, 1998 and OMPs were filed in the year 2001, i.e after nearly three years and not four years, as apparently erroneously recorded in the order...
...
selected one remedy and when decree is drawn in favour of plffs, they ought to have raised all disputes in arbitration proceedings though they have not done so far. The...the trial court as the second round of litigation is hit by Order 2 Rule 2 and the trial court has rightly allowed the application below Ex. 153. The arbitration proceedings can be considered to b...said suit, an application Ex. 153 was filed on 05.08.2004 by the respondents purporting to be under section 11 and Order
2 Rule 2 of the Civil Procedure Code (hereinafter...
...first one is that two arbitration proceedings were not permissible as the entire cause of action arose out of one contract and principles as contained in Order 2 Rule 2 of the Co...the respondent to initiate two separate proceedings for arbitration. For the contention that the principles of Order 2 Rule 2 of the Code applies in arbitration...earlier and, therefore, the respondent was not entitled to split the same in two proceedings as bar under Order 2 Rule 2 becomes applicable. It is stated by the learned...
...Order VII Rule 11 of the CPC applies to the suit and not to proceedings filed under Section 34 of the Arbitration...Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act') an application filed under ...Order VII Rule 11 of the CPC, 1908 for rejection of the objections. 1 of 2 CR-2521-2018 (O&M) -2- I am of the view that the provisions of the...
...Order1. No orders on IAs Nos. 3 and 4.2. During the pendency of this appeal all the parties have entered into an...for an order of reference of the subject-matter of the suit (see Sections 21 to 25, Chapter IV relating to arbitration in suits). There is also authority for the proposition under the 1940 Act that...the new Act, defines the extent of judicial intervention in arbitration proceedings. It says that notwithstanding anything contained in any other law for the time being in force, in matters governed...
...Arbitration Application No. 284 of 1997 filed under Sections 11(5) and (6) of the Arbitration and Conciliation Act, 1996 (“the Act” for short).2. The appellant and the first...partnership was not an arbitration agreement.4. The learned Judge who heard the application under Section 11, allowed it by order dated 10-7-2001. He held that if the intention of...interpreted so as to encourage arbitration. The learned Judge held that clause 16 of the partnership deed was an arbitration agreement. In regard to the objection of Respondents 2 to 6 that they were not...
...petitioners under Section 41(b) read with Schedule (2), Rule 4 of the Arbitration Act further read with Order 39 Rules 1 and 2 CPC for staying the ...petitioners wanted to invoke the provisions of Order 39 Rules 1 and 2 CPC while moving the application under Section 41(b) read with Schedule (2), Rule 4 of the ...petitioners moved application before the trial court under Section 41(b) read with Schedule (2), Rule 4 of the Arbitration Act and in that very application they made a...
..., in their individual capacity. Also there was no privity of contract between defendants nos. 3 & 4 and the Bank.
(v) That the OA is barred by Order 2 Rule 2 Code of Civil Procedu....
(v) The next objection of the defendants points out that the OA is barred by Order 2 Rule 2 Code of Civil Procedure, 1908, because the applicant has given up its claim qua the an...their right to claim the amount, prior to this OA.
Therefore the question of operation of Order 2 Rule 2 Code of Civil Procedure does not arise. As to the arbitration ...