fifty thousands only) to be valid during the pendency of this
arbitral proceeding.
II. Till the appellant complies with the above order under
Para ... themselves, their agents or assigns pending the
disposal of this arbitral proceeding.
III. In the event of the appellant complying with the
directions under Para
subsisting; it had not
been novated and therefore enforcing the intention to arbitrate the dispute
before the ICC in Paris possessed sound legal propriety ... injunction
should be granted to impede the progress of such an arbitral proceeding. He
has placed his reliance on Kvaerner Cementation (supra), to lend credibility
broker registration with SEBI, NSE and BSE, the petitioner has
also initiated Arbitral proceedings. The respondent would therefore
seek for the dismissal of the claim ... Boothanathan, he had however not proceeded to execute the same.
The Arbitral proceeding was initiated both against P. Boothanathan and
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cannot confer any right on the parties to invoke the arbitral
clause in absence of any concluded contract to that effect. In
support ... make interim arrangement
to protect the lis before or during arbitral proceeding or at any time
after making of the arbitral award. Since an interim
matter has been referred to the arbitration, an
arbitral proceeding is pending between the parties
before the sole arbitrator Justice M.M. Das,
formerly
That, subsequently the respondents management-SECR constituted
an Arbitral Tribunal on 28.03.2014 and the arbitration proceeding
also commenced. The applicant herein submitted their statement ... Thereafter, because of some reasons or the
other, the arbitral proceeding could not hold effective hearing and the
matter kept on getting postponed. In between
dispute
to arbitration before the Sole Arbitrator. In the said Arbitration proceeding,
the Petitioner made claims under 9 heads of claim such as release ... paragraphs 165 and 166 of the Award, wherein the Arbitral Tribunal
concluded that the Arbitral proceeding should have been commenced
within three years from
Section 26 of the Act, 1996 shall not apply to arbitral proceeding
which have commenced in terms of the provision of Section
NMCD2335_19.doc
Act. In such circumstances, the arbitration proceeding was without
jurisdiction; an award passed without jurisdiction is a nullity; the same ... competence of the arbitral tribunal.
However, the arbitral tribunal decided the issue of jurisdiction and
proceeded with the arbitral proceeding. Therefore, the notice of motion
applied the meaning given to the expression
"commencement of the arbitral proceeding" as
contained in Section ... relevant date for the purpose of
commencement of the arbitration proceeding."
Reverting back to the present case the New Act came
