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M/S.International Nut Alliance Llc vs Biju John on 7 January, 2010 cites

Union Of India & Ors vs M/S. Master Construction Co on 25 April, 2011

12. A further argument the learned counsel has advanced is that in so far as the respondent has not challenged validity of the arbitration agreement with the AFI as required in Exts.P2 and P3 within the time stipulated in Ext.P3 (20 days), the respondent cannot now be heard to say that the arbitration agreement (Ext.P1) is not valid for any reason whatsoever. It is argued by the learned counsel that the bald plea of fraud, collusion or undue influence is not OP(C) No.3580/2011 7 sufficient to make Sec.34 of the Act applicable, at any rate. Reliance is placed on the decision in Union of India and others v. Master Construction Company ((2011) 12 SCC 349).
Supreme Court of India Cites 12 - Cited by 94 - R M Lodha - Full Document

M.L. Subbaraya Setty (Dead) By Lrs. And ... vs M.L. Nagappa Setty (Dead) By Lrs. And ... on 23 April, 2002

11. It is further argued by the learned counsel that whether the arbitration is with the AFI as per Ext.P1 as pleaded by the petitioner or it is with CENTA as claimed by the respondent in Ext.P5, the law applicable is either the law of the State of New York or the Law of England. Thus, the parties have expressly excluded application of part I of the Act. In that situation, it is contended that Sec.34 coming within part I of the Act has no application. It is argued that in that view of the matter, the allegation of forgery pleaded by the respondent is irrelevant. The learned counsel would also contend that so far as the seat of the Arbitrators is outside India, be it the case pleaded by the petitioner or the respondent, unless and until the parties have impliedly or expressly excluded part I of the Act alone, that part would have application to the award passed by the Arbitrator. Reliance is placed on the decisions in M.L.Subbaraya Setty (dead) by Lrs. and others v. M.L.Nagappa Setty (dead) by Lrs.
Supreme Court of India Cites 3 - Cited by 56 - U C Banerjee - Full Document
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