Judgments - Arbitration Act,1940

Madhya Pradesh High Court (Full Bench (FB)- Three Judge)

Shri Gouri Ganesh Shri Balaji Constructions “C” Class Contractor Vs. Executive Engineer, PWD

Arbitration Case, 40 of 2016, Judgment Date: May 03, 2018

Law Laid Down - The expression “ascertained amount” appearing in Section 2(1)(d) of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 (for short “the State Act”) includes the amount of consequential relief. Mere declaration of termination of contract is not the substantial relief and in the guise of mere declaration an aggrieved person cannot be permitted to omit the consequential relief which the party may be entitled to claim in a reference under the M.P. Madhyastham Adhikaran Adhiniyam, 1983. It is held that reading of Full Judgment

Tags Arbitration

Madhya Pradesh High Court (Single Judge)

M/s Uttarakhand Purv Sainik Kalyan Nigam Limited Vs. Northern Coal Field Limited

Arbitration Case, 56 of 2016, Judgment Date: Jan 11, 2018

Law Laid Down - * Section 21 of the Arbitration and Conciliation Act, 1996 deals with the appointment of Arbitrator without the intervention of the Court whereas appointment with the intervention of the Court is contemplated under Section 11(6) of the Arbitration Act. * The limitation for filing a petition under Section 11(6) of the Arbitration Act is contemplated by the Limitation Act particularly Article 137 of the Schedule-I of the Limitation Act, 1963. The limitation does not start from the notice but Full Judgment

Tags Arbitration Appointment

Supreme Court of India (Constitution Bench- Five Judge)