However, he would
submit that as per Section 12 (5) of the Arbitration & Conciliation
Act, 1996, the President being in control of the Nagarpalika ... would further submit that as per sub-Section (5) of
Section 12 of the Arbitration Act, any person whose relationship
with the parties or counsel
adhered to
provision of section 12(1) and 12(5) of the
Act which reads as under:
" 12. Grounds for challenge.
When a person ... Schedule and the provision would
apply to such arbitration agreement also,
more over proviso to Section 12(5) specifies
the manner in which the parties
pleadings under Sub-section (4) of Section 23 of
the Arbitration Act. It was submitted that the
12 months period for passing the award ... provisions
of Section 11 read with Section 29A and in
particular Sub-section (4), (5) and (6) of
Section 11 of the Arbitration
Arbitration and Conciliation Act, 1996 wherein the
time limit for deciding the Arbitration is 12 months.
6. Reliance is placed on the order dated ... submitted that the time limit specified in the said section
for deciding the arbitration is 12 months. It is submitted by
him that the provisions
asking the petitioner to waive the
provisions of Section 12(5) of the Arbitration and Conciliation
Act, 1996. On this stand of the respondent ... DATED: 08/12/2023
undefined
submit that the petitioner is agreeable to waive the requirement
of Section 12(5) of the Arbitration and Conciliation
jurisdiction of the Court of district judge u/s
12 , which reads as under:-
"12. Jurisdiction of a court of District Judge ... section (2) of section 37 of the Arbitration Act. In
this regard it may be noted that sub section (1) of
section 37 deals with
bite
at the cherry, and interdicts a
second appeal being filed (See
Section 37(2) of the Act)
Page 16 of 103
Downloaded ... passed in Petition
under Arbitration Act No.42 of 2020), wherein
it is observed as under:
"1. The Arbitration Petition has
been filed
follows:-
" Section 8 of the Arbitration & Conciliation Act, 1996:-
Power to refer parties to arbitration where there is an
arbitration agreement ... appeal
under Section 96 read section 105 of the Code of Civil
Procedure, 1908 or under Section 37 of the Arbitration and
Conciliation
section 27 read with section 19 read with section 5 of the
Page 6 of 35
Downloaded on : Sat Sep 16 19:12 ... Court in taking evidence under Section
27 of the Arbitration Act. The purpose of Section 27 of
the Arbitration Act, in my view
reflecting in the
Chart, by drawing attention to sub-section (7) of section 31 of
the Act, it has been submitted that the Arbitral Tribunal ... Clauses- (a) and (b) of sub-section(7) of Section 37
would clearly indicate that interest pending arbitration can also
be given. Here
