long time after the
contract was executed? Arbitration implies to charter out timeous
commencement of arbitration availing the arbitral agreement, as soon as
difference ... arbitration to he barred by limitation and the Court
would be justified in relieving the party from arbitration agreement under
Sections 5 and 12
same. In fact the order of Court under
Section 12(2) is later in point of time and hence it can be
ignored ... competent authority to entertain an application under
Sections 5 , 11 and 12 of the Arbitration Act. Therefore,
his order asking the Umpire to enter
arbitration agreement eased to have effect. A
declaration to that effect ought to have been made; that
would have been in consonance with Section 12 ... named
arbitrator. Such a power is available to High Court under
Section 12(2)(a) of the Act. In support of this argument,
reliance
contract, it would be patently illegal and could be interfered
under Section 34 of the Act. Mr. Sharan finally contended that the parties
have expressly ... price arrived at
between the parties.
12. Section 34 of the Arbitration and Conciliation Act, 1996 corresponds
to Section 30 of the Arbitration
when moved
under sub-Section (4), or sub-Section (5), or sub-Section (6) of Section
11. Sub-Section (8) enjoins the Chief Justice ... entrusted to him by
sub-Section (4) or sub-Section (5) or sub-Section (6) of Section 11 .
Sub-Section (11) deals with the respective
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
signed
by the parties to the dispute".
Sub-sections (4) and (5) of Section 12 lay down that if
no settlement is arrived ... this Act, or an arbitration award in a case where a
notification has been issued under sub-section (3A) of
Section 10A or an award
learned Additional Solicitor General
appearing for the appellants submits that Section 12 including
subsections (1) and (5) as also Fifth and Seventh Schedule ... arbitration was received by the appellants much prior
to the Amendment Act, 2015. In view of Section 21 read with
Section 26 of the Amendment
application under Section 11 (6) of the Act.
Whether there exists a valid arbitration
agreement between the parties?
11. The disputed arbitration clause ... finally
settled in accordance with the Arbitration and
Conciliation Act, 1996 ."
12. Arbitration agreement is defined under Section 7 of the Act. It
does
some High Courts, no separate application is filed
under Section 5 of the Limitation Act and the prayer for
condonation of delay is included along ... Mondal AIR 1985 Cal 12 DB where an application under Section
30 of the Arbitration Act was dismissed on the ground of
limitation, an appeal
