nature assignable. If the
underlying contract can be, and stands, assigned, there is no reason why
an arbitration agreement forming part of it cannot ... assignment of any particular contract would be subject to the consent of
any third party, who might be affected by such assignment. The
assignment
that instant transfer application deserves to be
accepted, so that both the Arbitration Applications filed by the parties at
Gurgaon and Panchkula are heard ... this order.
The learned District Judge, Panchkula is also directed to assign
Arbitration Application No.2 dated 16.04.2014 titled as M/s Mahashiv
Promoters
Advocate
for the petitioner
The Court: This is a specially assigned arbitration petition to be
heard by a Single Bench. I am now sitting
MUKERJI
Date: 1st December 2017
The Court: This is a specially assigned arbitration petition to be
heard by a Single Bench. I am now sitting
party to the said agreement. Re-assignment of
rights which were assigned long ago in favour of RPG
without the consent of respondent ... this agreement does not have any
arbitration clause and assuming the appellant was assigned
the rights of RPG Cables under the agreement dated March
Arbitration Act, 1940 and Arbitration and Conciliation Act,
1996 on the application relating to the Arbitration and Conciliation Act, 1996 have been
assigned to another ... Court to which other applications have been assigned
under the Arbitration Act as the application under Section 8 has been decided along with an
interlocutory
shall not be entitled to ask for reference to arbitration before
completion of the work assigned to him under the contract and
therefore, the representation ... shall not be entitled to ask for reference
to arbitration before the completion of work assigned him
under the contract. The contractor shall seek reference
specific reference to any
arbitration clause or any arbitration agreement. It is
judicially acknowledged that upon the assignment of an
agreement or the assignment ... commercial terms and the rights
and obligations thereunder stand assigned; but the
arbitration clause may not stand assigned unless there is a
specific reference
learned Principal District Judge, Jalna of assigning the
matters under section 34 of the Arbitration Act to the District Judges
and Adhoc District Judges ... under section 16 thereof to delegate or assign his
powers to deal with the proceedings under Arbitration and
Conciliation Act to any other Judge
specific case or
for the society to whom they can assign their cases for
arbitration. It was further mentioned that the Managing Director
