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1 - 10 of 18 (0.25 seconds)The Arbitration And Conciliation Act, 1996
Section 7 in The Arbitration And Conciliation Act, 1996 [Entire Act]
K.K. Modi vs K.N. Modi & Ors on 4 February, 1998
(i) Paragraph 17 of K.K.Modi case law brings to
light six determinants which have been adumbrated therein.
Paragraph 17 of K.K.Modi reads as follows:
The Companies Act, 1956
Indian Oil Corporation Limited vs Ncc Limited on 20 July, 2022
NCC principle is vide Indian Oil
Corporation Limited Vs. NCC Limited reported in 2022 SCC OnLine SC
896 which provides the possibility of going into issues such as 'accord and
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Arb O.P.(Com. Div.) No.258 of 2022
satisfaction' qua lis itself (arbitrable disputes) in very clear and glaring cases
as opposed to debatable, disputable and statable cases.
State Of U.P. vs Tipper Chand on 22 February, 1980
Sl. Date Name of the Case and Clause that came up for View taken by
No. Citation consideration Hon'ble Supreme
Court
1 22.02.1980 State of U.P Vs. Tipper Chand Clause 22 Not an arbitration
(1980) 2 SCC 341 Except where otherwise agreement
specified in the contract the
decision of the Superintending
Engineer for the time being
shall be final, conclusive and
binding on all parties to the
contract upon all questions
relating to the meaning of the
specifications, design, drawing
and instructions hereinbefore
mentioned. The decision of
such Engineer as to the quality
of workmanship, or materials
used on the work, or as to any
other question, claim, right,
matter or things whatsoever, in
any way arising out of or
relating to the contract, designs,
drawing specifications,
estimates, instructions, orders,
or these conditions, or
otherwise concerning the
works, or the execution or
failure to execute the same,
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Arb O.P.(Com. Div.) No.258 of 2022
Sl. Date Name of the Case and Clause that came up for View taken by
No. Citation consideration Hon'ble Supreme
Court
whether arising during the
progress of the work, or after
the completion or abandonment
of the contract by the
contractor, shall also be final,
conclusive and binding on the
contractor.
Bihar State Mineral Dev. Corpn. & Anr vs Encon Builders (I) Pvt. Ltd on 21 August, 2003
In case of any dispute arbitration agreement
another Vs. Encon Builders (I) arising out of the agreement,
(P) Ltd. the matter shall be referred to
(2003) 7 SCC 418 the Managing Director, Bihar
State Mineral Development
Corporation Limited, Ranchi,
whose decision shall be final
and binding.
Avant Garde Clean Room & Engg Solutions ... vs Ind Swift Limited on 23 May, 2014
Ltd. Vs. Ind Swift Limited reported in (2014) 210 DLT 714} rendered by
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Arb O.P.(Com. Div.) No.258 of 2022
Delhi High Court was relied on and to be noted Avant Garde in turn
reiterates Jagdish Chander.
Vidya Drolia vs Durga Trading Corporation on 14 December, 2020
(j) This Court also is conscious of Vidya Drolia
principle being Vidya Drolia and others v. Durga Trading
Corporation reported in (2021) 2 SCC 1 (when in doubt, do
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Arb O.P.(Com. Div.) No.258 of 2022
refer). It is made clear that in the case on hand,there is no
doubt that clauses do not qualify as arbitration clause.