Respondent filed reply and simultaneously
moved application under sections 12 and 16
of arbitration act. Since advance copy of the
reply was not supplied ... reply was not taken on record. The
Applications under sections 12 and 16 of
arbitration act were dismissed. Arguments
were heard on claim/dispute. Order
Chandra Naik filed the petition under Section
15(2) read with Section 12 , 13 and 14 of the Arbitration and Conciliation
Act, 1996 for appointment ... written statement dated 25th April, 2011 under Section
13(2) read with section 12 of the Arbitration and Conciliation Act, 1996.
The allegation
Arbitral
Tribunal of DHMA and filed an application under Section 12 / 14 / 16 of the
Arbitration and Conciliation Act, 1996. The petitioner company raised
objections ... validity
of any ground referred to in this Section or sub-section (3) of Section
12.
15. From the bare reading of Section
whereupon three weeks time was granted to the
petitioner.
12. Section 34(3) of Arbitration and Conciliation Act, 1996
12.1 The law with respect ... proceedings by virtue of sub-section (2) of
Section 29 of the Limitation Act.
11. Sub-section (2) of Section 29 of the Limitation
satisfy the test of impartiality and independence as
required under Section 12 of the Arbitration and
Conciliation Act, 1996. Moreover it would also defeat ... party would be free to
move an appropriate application under Section 17 of
Arbitration and Conciliation Act 1996 before the
learned arbitrator
RAJIV SAHAI ENDLAW
RAJIV SAHAI ENDLAW
1. This petition under Section 9 of the Arbitration and Conciliation Act,
1996, pending arbitration, seeks interim protection ... jurisdiction of this
Court in exercise of powers under Section 9 of the Arbitration Act.
12. I have therefore considered the matter purely from
having earlier filed a petition being 853A
on 14.06.1981 under Section 20 of the Arbitration and Conciliation
Act, stating that since process involving settlement ... under Section 20 of the
Arbitration and Conciliation Act, would be taken to be the repudiation
for the purpose of limitation of 12 months. That
form of Article 12 of IATA rules. The said Article
12 of IATA rules reads as under:
" Article 12 - Replacement of arbitrators ... Article 12 is akin and analogous to that Section 14 and
Section 15 of the Arbitration and Conciliation Act. The said provisions in
the form
concerned.
12. As far as the application of the defendant no.1 under Section 8 of the
Arbitration Act is concerned, the plea ... ground to defeat Section 8 of the Arbitration Act.
The fact remains that the parties had agreed to the arbitration of disputes
arising between them
that Section 5 of the Arbitration Act bars intervention by any
judicial authority, except where so provided in the Act;
(c) that Sections 12 ... arbitration proceedings. Not only so, the appellant/plaintiff also challenged
the awards made in the said arbitration proceedings. Section 34(3) of the
Arbitration
