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1 - 10 of 14 (1.42 seconds)The Arbitration And Conciliation Act, 1996
Bihar State Mineral Dev. Corpn. & Anr vs Encon Builders (I) Pvt. Ltd on 21 August, 2003
Corpn. Vs. Encon Builders (I) Pvt. Ltd. reported in
(2003) 7 SCC 418] was pressed into service, wherein Hon'ble Supreme Court
had quoted with approval from the 22nd Edition of 'Russell on Arbitration'. A
perusal of Encon Builders brings to light that besides drawing distinction
between actual bias and apparent bias (actual bias is rarely established),
Russell's view that pecuniary interest in one of the parties or otherwise being
so closely connected with one of the parties is a disqualification qua an
arbitrator has been referred to. While in the normal circumstances, there
would not have been much difficulty for a petitioner to successfully advance
such an argument, in the instant case, there are seven striking aspects of the
matter, which prevent this principle of bias (that too perceived bias without
any shred of material regarding fraud or corruption) from coming to the aid of
the petitioner and they are as follows :
The State Of Bihar vs Bihar Rajya Bhumi Vikas Bank Samiti ... on 30 July, 2018
31 To be noted, Bhumi Vikas Bank Samiti case was rendered on
30.07.2018 by Hon'ble Supreme Court.
M/S Emkay Global Financial Services ... vs Gindhar Sondhi on 20 August, 2018
To be noted, Emkay Global Financial Services Ltd. case was
rendered on 20.8.2018, Hon'ble Supreme Court held that Fiza Developers
principle is a step in the right direction with regard to expeditious disposal of
section 34 petitions.
Fiza Developers And Inter-Trade Pvt ... vs Amci (India) Private Limited on 12 September, 2008
The principles in Fiza
Developers case pertaining to Section 34 proceedings are to the effect that
proceedings under Section 34 of A and C Act are summary being a special
remedy under a special enactment and expeditious disposal is of utmost
http://www.judis.nic.in
23
importance.
Section 14 in The Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015 [Entire Act]
Bharat Heavy Electricals Ltd. vs C.N. Garg And Ors. on 29 September, 2000
It is also the considered opinion of this
Court, this is not the only distinguishing feature qua C.N.Garg case and this
other distinguishing feature shall be alluded to elsewhere infra.