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1 - 10 of 14 (0.28 seconds)Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Code of Civil Procedure, 1908
Article 136 in Constitution of India [Constitution]
Article 36 in Constitution of India [Constitution]
Section 35 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Hindustan Construction Company ... vs Union Of India on 27 November, 2019
13. Hindustan Construction Company Ltd. (supra) is categorical
that, automatic stay of the award, as laid down in previous
decisions including those cited before us, on behalf of the appellant,
were incorrect. It clarifies that Section 36 even as originally
enacted was not meant to do away with Article 36 (2) of the
UNCITRAL Model Law. It was really meant to do away with the two
bites at the cherry doctrine in the context of awards made in India.
The Limitation Act, 1963
National Aluminium Co.Ltd vs M/S.Pressteel & Fabrications Pvt. Ltd. ... on 18 December, 2003
14. Hindustan Construction Company Ltd. (supra) specifically
held in paragraph-41 thereof that, National Aluminium Co. Ltd.
(supra), National Buildings Construction Corporation Ltd
(supra), and Fiza Developers (supra) laid down the law
incorrectly. It is also of the view that, amended Section 36 of the
Act of 1996 being classificatory in nature merely restated the
position that unamended Section 36 did not stand in the way of the
law to grant of stay of a money decree under the provisions of the
Code of Civil Procedure, 1908.
Board Of Control For Cricket In India vs Kochi Cricket Pvt Ltd And Etc on 15 March, 2018
6. Relying upon (2004) 1 SCC 540 (National Aluminum Co. Ltd.
vs. Pressteel & Fabrications (P) Ltd. & Anr., (2005) 2 SCC
367 [National Buildings Construction Corporation Ltd. vs.
Lloyds Insulation India Ltd.], (2009) 17 SCC 796 [Fiza
Developers and Inter-Trade Private Limited vs. AMCI (India)
Pvt. Ltd. & Anr. , (2018) 6 SCC 287 [Board of Control For
Cricket in India vs. Kochi Cricket Private Limited], (2019) 8
SCC 112 [Pam Developments Private Limited vs. State of
West Bengal], 2017 SCC Online Delhi 6402 [Ardee
Infrastructure Pvt. Ltd. vs. Ms. Anuradha Bhatia] and AIR
2017 Cal 268 [Citicorp Finance (India) Ltd. vs. Manoj Ray &
Anr., learned advocate appearing for the appellant submits that the
doctrine of automatic stay was acknowledged and implemented
both by the Supreme Court and by various High Courts.