CiteTEXT
...Section 41, Arbitration Act, in support of his contention that all the provisions of the Civil P.C, 1908 shall apply to all the pro...Court. Mr. Bhabra submits that Section 41, Arbitration Act, is subject to the provisions of the Act and Rules of the..., Arbitration Act, 1940. Therefore, in my opinion, City Civil Court is not a competent Court to decide the issues involved in the pending application under Section 33, Arbitration Act...
...S. 34, Arbitration Act. According to him, in view of S. 41, Arbitration Act, read with Item No. 4 in the Second Schedule to the said Act, the ...the protection of the subject-matter of the dispute. The powers to pass interim orders mentioned in Cl. (b) of S. 41, Arbitration Act, can be exercised in respect of any of the matters set out in ...S. 34, Arbitration Act, 1940, which is marked Ex. ‘12’ in both the suits. According to the defendants, the conducting agreement under which they were allowed to conduct the...
...proceeding during pendency of an arbitral proceeding can only approach a court of law in terms of Section 41(b) of the Arbitration Act, 1940 and not otherwise. The said provision reads thus...under Section 41(b) of the Act is limited as it is confined to “for the purpose of and in relation to arbitration proceedings”.52. Courts, thus, have also no power to grant...Indrajit Sinha v. B.L Rathi . AIR 1984 Cal 281 it is stated: (AIR p. 283, paras 3-4)“When Section 32, ...
...and November 13, 1979 respectively. The first one arises out of proceedings under Section 20 of the Arbitration Act while the other arises out of proceedings under Section 33 of the Arbitration ...41 read with Second Schedule of the Arbitration Act, and Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, restraining the respondents from appropriating, withholding or...whether such an injunction as prayed for could be issued under Section 41 of the Arbitration Act, the learned Single Judge referred the matter to a larger Bench. The learned Single Judge's own view was...
...presentation to the proper Court, the appellant has appealed to this Court with special leave.3. Section 41 of the Arbitration Act, 1940, provides insofar as it is relevant...parties and the appellant submitted a petition to the Court of the Subordinate Judge at Varanasi for an order under Section 20 of the Indian Arbitration Act, 10 of 1940, that the agreement be filed and...by two Arbitrators under the Arbitration Act of 1940 and such amendments thereto as may be enacted thereafter.13. Notwithstanding the place where the...
...first respondent filed a petition before the Delhi High Court under Section 41 of the Arbitration Act seeking an injunction to restrain the present appellant from invoking the guarantees and the Canara...maintainable against an order passed in exercise of power under Section 41 of the Arbitration Act read with the Second Schedule.8. The present appeals are filed from...granting an injunction under Section 41 of the Arbitration Act, need not detain us when we are examining the order of the learned Single Judge under Article 136 of the Constitution of India, an appeal...
...22-6-1998, the High Court allowed the respondent's petition. In its judgment, after referring to the provisions of Section 41 of the Arbitration Act, 1940 and the relevant provisions of the 1996 Act...’. Therefore, there is no virtual difference between Section 41 read with Schedule 2 and the present Section 9 of the Arbitration Act. Moreover, if an interpretation such as the one contended by the learne...its opinion, the trial court had no jurisdiction to entertain such an application. Hence these appeals by special leave.7. Under the provisions of the Arbitration Act, 1940, the powers of the Court to pas...
...allowed Shri Khazan Singh as legal heir of deceased Hazoor Singh to challege?? the award. On 16th April, 1994, Shri Khazan Singh moved an application under section 41 read with schedule ii of the arbitration act, o...Section 41(b) of the Arbitration Act. Mr. S.K Chaudhary, Appearing for the respondent further contended that the order passed by Shri R.C Jain, Additional District Judge...was ordered by the Trial Court while exercising its power under Section 41(b) read with Schedule II of the Arbitration Act. So long the proceiedings under Arbitration ...
...Section 41-A of the Arbitration Act, as introduced by Arbitration (Orissa Amendment) Act, 1982. A counter-claim was also filed before the Arbitration Tribunal, on behalf of the State. The...Tribunal having found that the dispute involved a claim for more than Rs one crore, directed the State Government to exercise power under proviso to Section 41-A(1) of the Arbitration Act (hereinafter...award aforesaid has been set aside primarily on the grounds: (1) the constitution of the Special Tribunal under Section 41-A of the Act and the reference of the dispute by the State Government which was already pending befo...
...application filed by the plaintiff appellant, under Section 41 of the Arbitration Act, 1940 read with Order 9 Rules 1 and 2 CPC and Section 151 C.P.C. whereby the petitioner...the matter is decided by the Arbitrators. Therefore, the present application Under Section 20, Arbitration Act for getting a reference of t...Rebati Ranjan v. Suranjan Chakravarti and Ors. wherein relying on Section 39(1) it has been held that the Arbitration Act being a special Act controls ...
...Arbitration Act.2. The learned II Additional Civil Judge found that a temporary injunction could be issued in a proceeding under section 20 of the Arbitration Act, under ...convenience lay in favour of the defendants. The order passed by the learned II Additional Civil Judge is clearly an order under section 41(b) read with Schedule II to the Arbitration Act. The...Arbitration Act makes provision by section 39 for appeals from orders passed under the Act and at the same time lays also down that appeals shall not lie from any other order...
...application had been filed by the respondent in the Calcutta High Court invoking its jurisdiction under Section 41 of the Arbitration Act and the Calcutta High Court did pass an order in that application...Section 41 of the Arbitration Act, no special leave petition to this Court had been filed and, therefore, the said order attained finality. It may be further stated that on the death of the umpire, late.... In the second case, the question for consideration was whether the power under Section 41 of the Arbitration Act can be exercised even when there is no initiation or pendency of proceeding before any...
...Thakur, and repelling an objection to the contrary he held that by virtue of Section 41(b) of the Indian Arbitration Act read with item No. 4 of the second Schedule thereto...Section 41(b) of the Indian Arbitration Act. Section 41(b) confers upon the Court for the purpose of, and in relation to, the arbitration proceedings the same p...the purpose of and in relation to any suit or other proceeding before it. When the Court so grants an injunction by virtue of Section 41(b), the order granting the injunction is an order under the Indian ...
...respondent in this appeal under Section 41 of the Arbitration Act. The appellant and the respondent entered into 11 contracts dated 21-8-1979 whereby the respondent herein was to construct 11 schools in...the contract resulting in a reference to arbitration. It is further seen that the reference is still pending. While so, the respondent prayed to court for the issue of a grant of injunction to restrain...clauses 1, 4 and 5, appearing at pages 41 and 42 of the paper-book (Vol. I), of Bank Guarantee No. 399 of 1979 dated 10-10-1979:“1. In consideration of the Creditor M/s...
...to the proceedings under the Arbitration Act by virtue of Section 41 of the Arbitration Act. The jurisdiction of the court to entertain a proceeding in connection with arbitration includi...who is in the position of a defendant, has one of its places of business at Bombay.5. Under Section 2(c) of the Arbitration Act, 1940, “court” means a civil court having...jurisdiction to decide the questions forming the subject-matter of the reference if the same had been the subject-matter of a suit. Under Section 31(1) of the Arbitration Act, 1940, an award may be filed...
...further submitted by Mr Abdul Khadir that in view of the provisions of Section 41 of the Arbitration Act which specifically provides that the provisions of the Code of Civil Procedure shall apply to...to be noted that Section 41 of the Arbitration Act provides that the provisions of the Code of Civil Procedure will apply to the arbitration proceedings. The provisions of res judicata are based on the...of the Arbitration Act for making the award a rule of the court. On objections being raised by the respondents, the Court of the Sub-Judge after hearing the parties by order dated 18-8-1981 remitted...
...with Section 41 of the Arbitration Act praying for appointment of a Receiver to take possession of all the assets of dissolved firm Vittaldas Pai & Sons, situate at New Chitra Talkies...an application filed under Section 8 of the Arbitration Act for appointment of an Arbitrator.The trial Court rejected the ap...Section 8 of the Arbitration Act is an important step in the matter of a reference to arbitration and enables the Court to remove ...
.... . (1971) 1 SCC 286 the appellant was aggrieved by the order of the Allahabad High Court directing that a petition filed under Section 20 of the Arbitration ...H.M Kamaluddin Ansari & Co. v. Union of India (1983) 4 SCC 417 this Court was again considering the ambit and scope of Section 41 of the Arbitration ...invoke Order 39 of the Code to get an injunction order even if the conditions of clause (b) of Section 41 were not satisfied. We are afraid this contention cannot be accepted.18. Clause (a) of ...
...Order 39 Rule 1 Code of Civil Procedure, 1908 read with Section 41(b) of the Arbitration Act and the Second Schedule to the Arbitration Act, 1940 for ad interim injunction restraining the responde...any power which may be vested in an arbitrator or umpire for making orders with respect to any of such matters.’In view of clause (b) of Section 41 the court has been given power of...the Arbitration Act had come to be filed and then an application for ad interim injunction was filed. It will, therefore, be clear that to avail of the remedy under the provisions of the Code of Civil Procedure, when an application ...
..., made Interim Application No. 119 of 1972 to the Delhi High Court on January 17, 1972 under Section 41 read with the Second Schedule to the Indian Arbitration Act, 1940 praying that the status quo...objection raised on behalf of the appellant, filed another Interim Application No. 746 of 1972 as an independent application under Section 41 read with the Second Schedule to the Indian Arbitration Act, 1940...between the parties that the order of interim injunction was made by the learned Judge under Section 41(b) read with the Second Schedule to the Indian Arbitration Act, 1940. Now Section 41(b) say...