Reference was invited to sub-section
(8) of section 11 , sub-sections (1) and (3) of section 12 and Section ... case. Nothing in sections 11 , 12 , 18
or other provisions of the Act suggests that any provision in an arbitration
agreement, naming the Arbitrator will
MATTER
ON AUTHORITY
1. Arbt. 2004 Distt. Judge, Petition U/s. 34 Arbitration
S.No.12 Jhansi Act for setting aside
arbitration award pronounced ... Parties.
14. Arb.S.No.03 2006 DJ Petition under Section 36 of
Arbitration Act for execution
of Award given by Mr. M.P.
Dixit
filed by the applicant under
section 11(5) read with section 11(9) and section 11(12) of the
Arbitration and Conciliation ... filed an arbitration petition in the
High Court of Bombay under section 11 of the Act. The
applicant submitted that the said arbitration petition filed
quantity or delivery cannot be looked into.
11. Sub-section (5) of Section 7 merely reiterates these well settled
principles of construction of contracts ... special reference to the arbitration clause so as to make it
applicable.
10
12. The following passages from Russell on Arbitration throws
considerable light
extracted below:
"(b) Application under section 14 or section 34
shall be registered as an arbitration suit, the
applicant being treated as the plaintiff ... that the rule require that an
application under Section 34 should be registered as an
`arbitration suit' and that the proceedings shall be
conducted
aside the award, filed by the respondents under section 34 of the
Arbitration and Conciliation Act, 1996 ('Act' for short). The appeal filed ... categorical terms. In view of clause (a) of sub-section (7) of section 31
of the Act, it is clear that the Arbitrator could
12
12. Responding to Mr. Mitra's submissions, Mr.
Jitendra Malkan, learned Advocate, urged that since
the cause of action for the Section ... coking coal from the said consignment, the
application under Section 9 of the Arbitration and
Conciliation Act, 1996 had been rightly filed
before the learned
order dated 1.5.1996, the learned Single Judge hearing the
arbitration petition referred the disputed deed of retirement for examination
and opinion to the Central Forensic ... referred. Hence the learned single Judge allowed
the petition under Section 20 .
12. In appeal, however, the Division Bench of the High Court
that an application under Section 34 of the Act (for stay
of suit) does not amount to an application under Section ... Section 31(4) .
12)The only questions which needs our consideration is, whether Bombay
High Court has the jurisdiction to adjudicate upon the Arbitration
Petition
JHAR R 73, 2009 (10) SCC 63, (2010) 1 RECCIVR 101, (2009) 12 SCALE 393, (2009) 4 CIVLJ ... dismissing the
objections preferred by the present appellant under Sections
30 / 33 of the Indian Arbitration Act, 1940 and the award dated
September
