violative of
Section 28(1)(a) of the Arbitration Act and therefore, was liable to
be set aside/ modified under Section 34 ... under Section 34 is subject to, we deem it
necessary to state the law on the subject.
14. Section 34 of the Arbitration and Conciliation
challenged under section 34 of the
Arbitration Act. It was a private arbitration and not one
envisaged under section 18 of the Arbitration ... controversy insofar as the applicability of
Section 19 to an application for challenge of section 34 of the
Arbitration Act is concerned. Quite apart from
dismissing the petition filed by the Appellant under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to set aside the Arbitration Award dated ... that the learned Single Judge while dismissing the application under Section 34 of Arbitration and Conciliation Act, 1996 filed by the Appellant has also considered
conclusions therefore on Section 2(1)(e) and Section 42 of the
Arbitration Act, 1996 are as follows:
(a) Section 2(1)(e) contains ... such applications would
be outside Section 42 .
(d) Section 9 applications being applications made to a
court and Section 34 applications to set aside arbitral
aside in exercise of powers
either under Section 34 or Section 37 of the Arbitration Act. It
is further submitted by Shri Dhaval Vyas, learned ... under Section 34 is subject to, we
deem it necessary to state the law on the subject.
14. Section 34 of the Arbitration and Conciliation
India
as contemplated under Section 34(2)(b)(i) and (ii).
Nowhere in the said Section 34 of the Arbitration Act, it is
provided ... proceedings for the
limited purpose mentioned in sub- Section 4 of Section 34
of the Arbitration Act. Further observing that the said
power under Section
made out a specified grounds as
contemplated under Sub Section 2 of
Sec.34 of Arbitration and Conciliation
Act, 1996 to set aside the impugned ... ingredients enumerated in Sub Section 2 of Section 34 of
Arbitration and Conciliation Act, 1996 . Both the parties
have not adduced any additional evidence
Effect of Section 26 of the amending Act
15. There is no doubt that all three section 34 Arbitration
Petitions were filed well after ... application of amended Section
36 to the existing matters i.e. the applications under
Section 34 of the Arbitration Act, that are pending
exclusion of time
under Section 14 of the Limitation Act is available. Where
application under Section 34(3) of the Arbitration Act, is
moved/filed ... deciding the present
matter referring to Section 14 of the Limitation Act read with
Section 34 of the Arbitration Act. Factually, it was returned
Effect of Section 26 of the amending Act
15. There is no doubt that all three section 34 Arbitration
Petitions were filed well after ... application of amended Section
36 to the existing matters i.e. the applications under
Section 34 of the Arbitration Act, that are pending
