...law arises in this batch of petitions, concerning the applicability of Section 17 of the Limitation Act, 1963 (the Limitation Act) for condonation of a delay caused on account of...contemplated by the MoU.6. In the meanwhile, the three-month period and the extended period of 30 days for challenging an award under Section 34(3) of the Arbitration ...application under Section 34(3) of the Arbitration Act for setting aside the award. This filing was 236 days after the receipt of the award by the respondents. The application was accompanied by a...

...Section 47 of the Act the provisions of the Act apply to all arbitrations and all proceedings thereunder except insofar as is otherwise provided by any law for the time being in force. Section ...possess all the powers conferred on the courts of law. Nonetheless the arbitrator has power to decide the dispute and his powers are regulated by the provisions of the Arbitration Act and the substantive law ...of the Code of Civil Procedure applicable to all arbitration proceedings. Section 34 of the Code of Civil Procedure confers power on the court to award interest but the Arbitration ...

...(hereinafter referred to as “Arbitration Act”), the original applicant has preferred the present appeal.2. The brief facts leading to filing of the present appeal in nut-shell are as under:...(3) of the Arbitration Act, 90 days are prescribed for preferring an application under Section 34...of the Arbitration Act against the arbitral award. However, the said period was extendable by a further period of 30 days in terms of the proviso to Section 34(3) of...

...procedure for him to follow, as they think fit, so long as they are not opposed to law. (The proviso to Section 41 and Section 3 of Arbitration Act illustrate this point.) All the same, the agreem...an application under Section 20 of the Arbitration Act, 1940 (hereinafter “the Act”) before the Court of the Additional Civil Judge, Gorakhpur for appointment of an arbitrator which was t...does not contain any provision enabling the arbitrator to give interest. Section 29 of the Arbitration Act enables the court to award interest from the date of the decree and at such rate as the court...

...; (iii) the subject amendment was meant for a completely different purpose, leaving status quo ante unaltered and subsequently reaffirmed and restated by the Hon'ble Supreme Court; (iv) Section 2(3) of the ...have been raised in the present review petitions, which need to be addressed and decided by this Court. Shri Nariman submits that after amendment of Section 8 of the 1996 Act by the Arbitration and Concili...amended by Act 3 of 2016. Ncdrc has erred in relying on the judgment of this Court in A. Ayyasamy v. A. Paramasivam (2016) 10 SCC 386. The amendment i...

...1. These applications and the consequential reference to a larger Bench are triggered by the amendment to Sub-Section (1) of Section 8 of the Arbitration and Conciliation ....3. The Opposite Party in the Original Complaints (for short, “the Builder”) filed this set of captioned applications under Section 8 of the Arbitration Act praying ther..., Consumer Fora would not be bound to refer parties to Arbitration even if the contract between the parties contained an Arbitration Agreement. The said pronouncements are primarily based on Section 3 of t...

...are judicial authorities, for the purpose of Section 34 of the Arbitration Act, in view of the object of the Act and by operation of Section 3 thereof,.../-.3. On being noticed by the National Commission, the Appellant filed a written statement to contest the complaint. It also filed an application Under Section 8 of the Arbitration and...complaint in the first instance before the competent Consumer Forum, then he cannot be denied relief by invoking Section 8 of the Arbitration and Conciliation Act, 1996. Moreover, the plain language of...

...form of an application and has been signed by all the parties and meets the requirements of Section 7 of the Arbitration and Conciliation Act, 1996 (new Act)....expeditiously and less expensively and when there is an arbitration agreement, the court's intervention should be minimal. Keeping the legislative intention in mind, Section 8 of the new Act may be...the requirements of Section 7 of the new Act. The language of Section 8 is peremptory. It is, therefore, obligatory for the Court to refer the parties to arbitration in terms of ...

...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 file...by two Arbitrators under the Arbitration Act of 1940 and such amendments thereto as may be enacted thereafter.13. Notwithstanding the place where the...

...amount to delivery of the award under Section 31(5) of the Arbitration Act is accepted, dishonest litigant who deliberately does not claim copy of the signed award sent ...Section 3 of the Arbitration and Conciliation Act, 1996, Section 27 of the General Clauses Act, 1897 and also to the provisions of ...three months from the date of deemed delivery of such award, the petition in my view is barred by law of limitation prescribed under Section 34(3) of the Arbitration ...

...) of Section 34, the Honble Supreme Court held that the said phrase would amount to an express exclusion within the meaning of Section 29(2) of the Limitation Act and would, therefore, bar the app...Court on the proviso to Section 34(3) of the Arbitration Act. In the said case, after referring to section 34 of the Arbitration Act, and considering the same in light ...exclusion by an application of the provision of the Limitation Act to the proceedings under the Arbitration Act. But, there are some specific departures from the general provisions of Limitation ...

...of the 1996 Act, insofar as they failed to take into consideration that:(1) Section 8 of the 1996 Act cannot be equated with Section 34 of the ....(2) The suit having been filed questioning both blacklisting as also termination of contract being outside the purview of arbitration, the application under Section 8 ...authority may make an order staying the proceedings.”13. We may furthermore notice that Section 3 of the Arbitration (Protocol and Convention) Act, 1937 and...

...State of West Bengal filed an application under Section 34 of the Arbitration Act before the Calcutta High Court. The appellant filed its affidavit in opposition of the aforesaid, to which reply h...of the Arbitration Act has been amended by Act number 3 of 2016 with retrospective effect from 23.10.2015. In view of the pre-amended provision of Section 36...of the learned counsel for the appellant is that as per the amended Section 36 of the Arbitration Act, filing of an 6 ...

...contrary to the principle of “unbreakability” enshrined under Section 34(3) of the Arbitration Act.”(emphasis in original...arbitrator for adjudication of the disputes. Respondent 1 preferred an application under Section 16 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration ...arbitration award is passed, to challenge the same under Section 34 and Section 37 of the 1996 Act.”(emphasis in original)8. Aggriev...

...and Section 3 of Arbitration Act illustrate this point). All the same, the agreement must be in conformity with law. The arbitrator must also act and make his award in accordance with the general ...steps in the proceedings" as they occur in Section 34 of the Arbitration Act, 1940. In the context in which the expression "any other steps" finds place it has been rightly construed to mean a step...is contained in Section 31(7)(a) of the 1996 Act and the legal position stood crystallised in the case of Sayeed Ahmed and Company v. State of Uttar Pradesh & Ors...

...procedure for him to follow, as they think fit, so long as they are not opposed to law. (The proviso to Section 41 and Section 3 of Arbitration Act illustrate this point.) All the same, the agreem...the Interest Act, 1839 nor the Interest Act, 1978 conferred power on the arbitrator for awarding interest pendente lite. The learned Judge observed that Section 34 of the Civil Procedure Code which...: one is that there is no plea of want of notice of action, but only a plea of never indebted “by statute”, — the effect of which is altered by Sir F. Pollock's act, 5 & 6 Vict., c. 97, s. ...

...raised an issue of limitation in filing the present petition beyond the period of limitation prescribed under Section 34(3) of the Arbitration Act. In view of the objection raise...award from the learned arbitrator and thus the petition was filed within time prescribed under Section 34(3) of the Arbitration Act. 4. In support of his submissi...(3) of the Arbitration Act would commence from the date of the petitioner getting a signed copy of the arbitral award from the learned arbitrator under Section 31...

...as the said Chamber Summons was taken out after the period as prescribed under section 34(3) of the Arbitration and Conciliation Act. The Division Bench had fully concurred with ...section 5 of the Limitation Act, 1963 gives a discretion to this Court to condone, and the provisions of section 5 should...inasmuch as the sub-section (3) of section 34 of the Arbitration and Conciliation Act, 1996...

...filing of appeals under 3 Section 37 of the Arbitration Act, a grace period of 30 days under ...the definition of the term "application" so that the "appeal" provision under section 37 of the Arbitration Act is uniformly governed by Article 137 of the Limitation...judgments which would show that other sections of the Limitation Act were excluded in the context of section 34(3) of the Arbitration Act - such as sections 4 and 17 of ...