Veena Ghai vs M/S Manohar Infrastructure & ... on 28 June, 2018
Daily Order
STATE
Naresh Jagwan vs M/S Manohar Infrastructure And ... on 2 July, 2018
Daily Order
STATE
Varinder Pal Singh Gill vs Manohar Infrastructure & ... on 28 June, 2018
Daily Order
STATE
Opposite Parties, in their written version, have taken objection regarding arbitration clause in the Agreement, and also they separately, moved an application ... Arbitration and Conciliation Act, 1996 taking a specific objection in this regard for referring the matter to the Arbitrator in terms of the agreed terms
between the parties, then there is provision for settlement of dispute
through arbitration, but the complainant has filed the complaint before the
different forum, therefore ... agreement. In
the agreement executed between the parties, there is arbitration clause,
therefore, it is essential for the OPs to refer the matter
face of existence of provision to settle disputes between the parties through Arbitration, in terms of provisions of Section 8 (amended) of 1996 Act, this ... held that even in the face of existence of arbitration clause in an Agreement, to settle disputes between the parties through Arbitration, in terms
Forum to hear the complaint on the basis of existence of the arbitration
clause in the agreement executed between the parties, is concerned, copy ... therefore, it cannot be held that in the
agreement, arbitration clause, is mentioned. Even if we presume that in
agreement any arbitration clause is mentioned
remedy of arbitration is not the only remedy available to a
grower. Rather, it is an optional remedy. He can either seek
reference ... under the Consumer Act .
If the grower opts for the remedy of arbitration, then it may be
possible to say that he cannot, subsequently, filed
Award dated 22nd March, 2017 passed by Reena Singh,
Sole Arbitrator in Arbitration Case No.418 / 2016 HDFC Bank Ltd. Vs. Chandra
Sekhar Sidar (Borrower ... complainant is to
file an application under Section 34 of the Arbitration & Conciliation Act, 1996
// 6 //
or to file appeal against the award under
pleaded that consumer complaint is barred in
view of the Arbitration agreement. It is further pleaded that
presale notice was given to the complainant ... Consumer Protection Act 1986 after passing
of final award by Arbitrator under Arbitration and
Conciliation Act 1996 relating to same matter?
2. Final order.
Findings