petitioner
decided by the DRT although there were no pending proceedings before the
DRT when the Arbitration Clause was invoked or should the disputes ... consent contained in the agreed Arbitration Clause, the
suit/arbitration proceedings have to be transferred for decision by the DRT
as the consent clause gets
Arbitration and Conciliation Act, 1996 invoking the arbitration clause and sought stay of the proceedings before the DRT sine die and also prayed that their ... arbitration agreement and it would be anomalous to refer petitioner No. 1 to arbitration and continue the proceedings before the DRT against other petitioners
DRT Act would not have the result of enabling the DRT Act to have overriding
effect over the Arbitration Act which was enacted ... brought in a matter which is subject to an arbitration agreement. The DRT
would have no alternative but to refer the parties to arbitration
arbitration
agreement or a duly certified copy thereof before the DRT, urging
reference to arbitration. Even this position, was not disputed ... application No. 100 of 2005 and to submit the disputes to
arbitration. The DRT, was not at all justified in making such order
First round of proceedings before the DRT. .................................................. 17
ii. Second round of proceedings before the DRT. .............................................. 25
C. IMPUGNED ORDER .......................................................................................... 26
D. SUBMISSIONS ... Emphasis supplied)
ii. Second round of proceedings before the DRT.
27.On remand, the DRT-I, Chandigarh vide its order dated 12.02.2020, held that
from the Borrower
under the SARFAESI Act and / or the DRT Act , the Arbitration
provisions hereinbefore contained shall, at the option of
TCHFL, cease ... from the
Borrower under the SARFAESCI Act and/ or the DRT Act , the
Arbitration provision hereinbefore contained shall, at the
option of TCHFL , cease
DRT Act "), to proceed to recover dues
from the Borrower(s) under the DRT Act , the arbitration provisions
hereinbefore contained shall, at the option ... DRT Act "), to proceed to recover dues
from the Borrower(s) under the DRT Act , the arbitration provisions
hereinbefore contained shall, at the option
amount towards insurance. Instead of resorting to
loan recovery proceedings through DRT and Arbitration
proceedings, the present complaint alleging offense ... attracted.
iii) Without resorting for money recovery
proceedings through Arbitration or through
DRT proceedings, filing of complaint
amount towards insurance. Instead of resorting to
loan recovery proceedings through DRT and Arbitration
proceedings, the present complaint alleging offense ... attracted.
iii) Without resorting for money recovery
proceedings through Arbitration or through
DRT proceedings, filing of complaint
above, observations in
Transcore on the power of the DRT conferred by the DRT Act
and the principle enunciated in the present judgment, we must ... DRT Act .
Therefore, the claims covered by the DRT Act are non-
arbitrable as there is a prohibition against waiver of
jurisdiction of the DRT
