16 of the Act is
that where a Section 16 application is dismissed, no appeal is
provided and the challenge to the Section 16 application ... 16 of the Act is that
where a Section 16 application is
dismissed, no appeal is provided and
the challenge to the Section 16
application
Act, 1940 in the present Act. Section
16 of the 1940 Act specifically armed courts with
the power to remit the matter to arbitration.
Noticeably ... such
award portrays perversity unpardonable under
Section 34 of the Arbitration Act."
- 37 -
16. In the case of U.H.L. Power Company
Limited
bank guarantee.
(vii) In a proceedings under Section 34 of the
Arbitration Act, the Court could examine as to whether
the award on the ground ... furnished as security during the
proceedings under Section 34 of the Arbitration Act.
16. Once Section 34 proceedings is dismissed, it
is always open
Arbitration Act would commence once a signed copy of the
award is delivered to the party as required under Section
31(5) of the Arbitration ... Arbitration Act by the
arbitrator with his covering letter amounts to a proper
delivery as required under Section 31(5) of the Arbitration
Act.
16
before the
Arbitral Tribunal itself under Section 16 of the Arbitration
Act. Section 16(2) of the Arbitration Act specifically
mentions that, a plea that ... jurisdiction of the Arbitrator. Even
otherwise, according to Section 16(2) of the Arbitration
Act, if presumed that he is not precluded from raising
such
suit. Another application was made under Section 34 of the Arbitration Act to stay the suit. The said application filed by the petitioner came ... petitioner from seeking the protection under Section 34 of the Arbitration Act.
16. The Supreme Court in the Food Corporation case had nutured a fond
ANNEXURE-J), FILED BY THE PETITIONER HEREIN, UNDER SECTION
16 OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND PASS
ANY SUCH ORDER ... carefully considered rival submissions
and perused the records.
7. Section 16 of the Arbitration Act reads as thus:
"Competence of arbitral tribunal to rule
provisions of Section 16 of the Act in the decision-making.
12. Section 16 of the Act reads as follows:
"16. Competence of arbitral ... under the Arbitration Act of 1940 has now been put at rest by Section 16 of the new Act. Section 16 adopts the important principle
arbitration. The said judgment was rendered while interpreting the provisions of the Arbitration Act of 1940. It is seen that the new Arbitration Act ... Section 16(1) of the new Act. It will be appropriate to reproduce Section 16 of the Act, which reads as follows:
"16. Competence
Civil Court constituted under the Civil Courts Act . Section 19 of the Arbitration and Conciliation Act expressly excludes the applicability of the provision ... Arbitration and Conciliation. Act, then rights conferred upon the appellant under the provisions of the Act will be affected and the object of the Act
