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...learned Subordinate Judge, Patna. The case of the appellant was that the said application was made by him under Section 17 of the Arbitration Act and not under ...was sent only for information of the concerned party. Accordingly, the application made by the applicant must be held to be made under Section 14(2) of the Arbitration ...statement, in the facts of the case, should not have weighed with the court because the original award itself had been filed by the applicant. In the aforesaid circumstances, the...
...) the award seeks to assign the respondent's share in the partnership to the appellant and so does not require registration; and (3) under Section 17 of the Arbitration ...property worth above Rs 100 in favour of the appellant. It would accordingly require registration under Section 17 Registration Act. As it is unregistered, the Court could not look into it. If ...movable property and the assignment of the share does not require registration under Section 17, Registration Act. (See Ajudhia Pershad Ram Pershad v. Sham Sunder ...
...order dismissing the petition. The basis of the preliminary objection already referred to above was that as there was no application with a prayer to set aside the award within thirty days as required by ...Article 158 of the Limitation Act, the objections of the respondents could not be entertained.
2. The view of the trial court is contested in t...contention. The word "application" has not been denned either in Section 17 or anywhere in the Arbitration Act or in the Limitation Act. That being ...
...the petitioner, is that the lower Court proceeded to pass judgment and grant a decree in terms of the award without complying with the provisions of Sections 14 and 17 ...from that date before he could pass a judgment in terms of the award. Mr. Krishnamurthi, learned Counsel for the respondent, does not dispute the correctness of this position because the decision ...Court has no jurisdiction to pass a decree without complying with the provisions of Section 17. The civil revision petition is...
...Flat No. B/404, Kalgi Apartments, Ahmedabad, it appears that the said order has been passed under Section 17 of the ...Section 17 of the Arbitration Act, 1996.3. Shri Acharya, learned advocate appearing on behalf ...submitted that Section 17 of the Arbitration Act would...
...question that falls for determination in this case is whether the Arbitrator could after a long lapse of nearly six years from the date of the award file his award and ask for a decree in terms of...passed in terms of the award. In other words the award passed by the Arbitrator may please be made the rule of the court and decree in terms of the award may be passed.”....11. In our view, Respondents 3 to 5 cannot be allowed to circumvent the law with the help of the Arbitrator and obtain indirectly an order under Section 17 ...
...reliefs in favour of the respondent. The dispute was referred to the learned arbitrator. The petitioner filed Arbitration Petition (Lodging) No. 528 of 2012 for certain interim measures. ...section 17 of the Arbitration Act and granted various interim measures.5. It was the case ...before the Division Bench that prayers (b) to (f) of this petition were already part of the directions given by the learned arbitrator in the order passed under ...
.... accepting the award on the basis of which a decree Das passed the present civil revn petn is filed.3. It is contended in this civil revn petn. that the order of the learn...lapse between the filing of the award & the, passing of the decree on the basis of the award. On the face of it, the decree passed by ....2. While the trial of the suit was proceeding, the parties agreed to refer the matter to the arbitration of one Mohamed Abu Bucker, & a memorandum of agr...
...Board.3. We have heard Mr Sen at length in support of the appeal as also Dr Chitale appearing for the respondent. Indisputably, the award of the arbitrator had been...arbitrator represents the final adjudication of the claims between the parties and the proceedings under Section 17 of the Arbitration Act are a follow...for consideration in the appeal before the High Court: (1) whether to the award of the arbitrator under the Indian Electricity Act of 1910 the substituted provision ...
...the learned District Judge held that under the provisions of Section 17 of the Arbitration ...except if the decree is in excess or not otherwise in accordance with the award no appeal lay under the provisions of Section ...grounds, under Section 17 of the Arbitration Act, an appeal would certainly lie under the provisions ...
...granting interim reliefs in favour of the respondent. The dispute was referred to the learned arbitrator. The petitioner filed Arbitration Petition (Lodging) No.528 of 2012 for certain in...to be pursued before the learned arbitrator. On 2ndOctober, 2012, the learned arbitrator after hearing the parties passed an order under section 17 of the Arbitration ...Division Bench and more particularly in paragraph 3(ii) and submits that the respondent had urged before the Division Bench that prayers (b) to (f) of this petition were already part of the directions give...
...application under Section 14(2) read with Section 17 of the Arbitration Act for getting the award filed and for making award dated 25.3.1987 as rule ...general attorney of the petitioner suffered a statement that matter has been settled and, therefore, they did not want to press their application moved under Order 14(2) read with Section 17 ...Section 17 of the Arbitration Act for making award the rule of the Court. It was averr...
...arbitral process. For example, if the arbitration is held in Delhi, where neither of the parties are from Delhi, (Delhi having been chosen as a neutral place as between a party from Mumbai and the other fr...the existing phrase “place” of arbitration is proposed to make the wording of the Act consistent with the international usage of the concept of a “seat...September 2015, under Section 9 of the Arbitration and Conciliation Act, 1996 asking for various interim reliefs in the matter. By an order dated 22-9-2015 OMP (I) No. 531 of 2015, ...
...development, learned counsel for the petitioner has submitted that the petitioner has a right to seek interim protection by invoking Section 17 of the Arbitration and Conciliation ...Advocate General has opposed grant of interim injunction by referring pronouncement of the Supreme Court in BSES Ltd. (Now Reliance Energy Ltd.) v. Fenner India Ltd...interpretation of clauses of Arbitration Agreement as well as submission of parties. As the Arbitrator has already entered upon the Reference of arbitration and he shall adjudica...
.... There is a final determination of the rights of the parties. It is true that a decree had to be passed in terms of the award. But in substance the rights of the partie..., Section 17 of the Arbitration Act requires that, the Court has to pass a judgment in terms ...that, an appeal lies under Sub-section (1) of Section 39 of the Arbitration Act. Sub-Section (2) ...
...R.D Dhanuka, J.:— By this appeal filed under section 37 of the Arbitration & Conciliation Act, 1996 (for short “Arbitration Act”) the appellant (original respondent...perusal of the order passed by the learned arbitrator indicates that the account was freezed as far back as in the month of September, 2013. The appellant had prayed for defreezing ...Arbitration Act rejecting the application of the appellant herein to de-freeze the bank account of the partnership firm.2. The respondent had issued a ...
...this portion of the decree enforceable either by the landlord or by Muni Subrat; and (4) Is the decree so far as it directs removal of the machinery valid and enforceable by Muni Subrat....case is on the face of it one for recovery of possession of the premises in favour of a landlord against a tenant. The Court passed the decree according to an award under ...the period of their occupation. The award was signed by the arbitrators and the parties to the reference and was attested by the landlord. It was filed in Court under Section 14 ...
...application filed by petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration ...secured, petitioner is satisfied with the security and not having challenged the orders passed under Section 17 of ...the Arbitration Act. The application under Section 17 has...
...granting interim reliefs in favour of the respondent. The dispute was referred to the learned arbitrator. The petitioner filed Arbitration Petition (Lodging) No.528 of 2012 for certain in...to be pursued before the learned arbitrator. On 2ndOctober, 2012, the learned arbitrator after hearing the parties passed an order under section 17 of the Arbitration ...Division Bench and more particularly in paragraph 3(ii) and submits that the respondent had urged before the Division Bench that prayers (b) to (f) of this petition were already part of the directions give...
...park their cars on their lawful basement floor. An appeal filed by the society against the said order was disposed of without granting interim reliefs in favour of the respondent. The dispute was ..., the learned arbitrator after hearing the parties passed an order under section 17 of the Arbitration Act and granted various interim measures.
5....the respondent had urged before the Division Bench that prayers (b) to (f) of this petition were already part of the directions given by the learned arbitrator in the order passed under ...