Arbitration Act .
23. We are conscious that this Court in several
pronouncements has extended Section 14 of Limitation Act
to Section 34 of Arbitration ... enshrined under
Section 34(3) of the Arbitration Act.
43. The Respondents have argued that if Section 17 is not
extended to Section
apply to the arbitration proceeding under this clause” the learned
senior counsel contended that these words would certainly attract
Section 12 ... result is that Section 12(5) as amended with effect from
23rd October 2015 would apply. Section 12(5) clearly prohibits the
employee
come in the way
of the Section 8(3) application being allowed inasmuch as the
Section 8(3) application was filed in the same year ... arbitration
clause forms part of an agreement between the parties, and
would, therefore, be governed by Section 7 of the Arbitration
Act.
12) We, therefore
that
disputes be decided by arbitration. Indeed, three of the four
purchasers did not read Clause 12 as an arbitration clause, but
16
approached ... also showed that they understood that Clause 12
was not an arbitration clause in the Agreement.
12) Equally, the decision in Bihar State Mineral Development
issued
under this Act.”
11. Sub-section (1) of Section 85 repealed three enactments including
1940 Act. Sub-section (2) stipulates inter alia that notwithstanding ... section (1) of Section 10 is satisfied and sub-
section (2) thereof has no application. As earlier stated the agreement
satisfies the requirement of Section
virtue of which certain disputes
may not be referred to arbitration”. Under this
12
Section, if any law provides, either expressly or by
necessary implication ... Section 5 of the Arbitration Act,
the law will be saved by Section 2(3) of the Arbitration
Act. Section 2(3) of the Arbitration
respondent is given the benefit of the provision of
12
Section 14 of the Limitation Act in respect of the period spent in pursuing ... date from which the limitation within the meaning of sub-
section (3) of Section 34 of the Act shall be calculated. The Chief Project
Manager
together with a
cognate legislation, the Companies Act, 2013 . Sections 3(6) ,
3(11) , 3(12) , and 5(6) of the Code read as follows ... from any person and
includes a financial debt and operational debt;
(12) “default” means non-payment of debt when
whole or any part or installment
12% p.a. on a sum of Rs 2.55 crores.
4 KCP challenged the award of the arbitral tribunal under Section 34 of the
Arbitration ... order of the High Court dated 29 April 2011 under
Section 9 of the Arbitration and Conciliation Act 1996, the
appellant was held specifically
Section 2(2) of the Arbitration and
Conciliation Act, 1996, indicating that Part I of the
said Act would apply where the place of arbitration ... aforesaid Act and consequently the application
made under Section 11 thereof would be
maintainable."
12. In Reliance Industries Ltd. (I ), (supra), the appellant
