Section
31(8) of the Arbitration Act, respondent No.4 fixed the arbitration
fee. A reference has also been made to Section ... applicable to
every arbitration under any enactment except Sub-section(1) of
Section 40 , Section 41 and Section 43 of the Arbitration Act.
22. Rule
petitioners have filed the present petition under Section
11(6) read with Section 12(3) of the Arbitration & Conciliation Act,
1996 (hereinafter referred ... filing the present petition under Section
11(6) read with Section 12(3) of the said Act. Section 11(6) of the Act
would have
neither been made within three
months from the date as stipulated in Section 34 (3) or in the further period
of 30 days as stipulated ... interim award is an
award as defined under Section 2 (1) (c) of the Arbitration Act and thus a
recourse to a court against
stipulated
date for completion of Section-I was 26.3.2004; for Section-II it was
26.9.2004 and for Section -III the date of completion ... payable with interest at 12% per annum from the date
of the invocation of arbitration till the date of the Award.
5. This Award became
part is unenforceable in law in view of the
provisions of Sections 12 and 15 of the said Act, which negate the
adoption made ... where while dealing with the provisions of the Arbitration and
Conciliation Act, 1996 and keeping in view the doctrine of
severability, it was held that
Court and was set aside and the matter was referred
afresh for arbitration to Justice V.S.Aggarwal (Retd.) vide order
dated 08.09.2006. The learned ... rate of 12% per annum.
5. The award was filed in the court to which objections were filed by
the respondent under Section
which arises for consideration in this
case filed under Section 11 of the Arbitration and Conciliation Act,
1996 (hereinafter referred to as the said ... approach the arbitrator for interim
relief under Section 17 of the said Act. This petition under Section 11
of the said
under Section 11(6) of the said Act. All that was
required to hold a preliminary enquiry qua the existence of an
arbitration agreement ... task of
Arbitration Case No. 76 of 2007
17
settlement of disputes inter-se the parties through the mode of
arbitration with the hope that
mentioned in Clause 5
of the agreement dated 16.7.2007 and not the arbitration clause
contained in the Tripartite Agreement dated 03.01.2007. This was the
reason ... form the subject of reference
to arbitration matter. The other judgment referred to is of Arbitration
Case No. 151 of 2012 titled as Privilege Health
State Of Haryana And Another on 12 July, 2013
Author: Sanjay Kishan Kaul
Bench: Sanjay Kishan Kaul
Arb. Case ... Sanjay Kishan Kaul, Chief Justice
The present writ petition under Section 11 of the
Arbitration and Conciliation Act, 1996 has been filed. The allegation