Search Results Page

Search Results

1 - 9 of 9 (0.98 seconds)

H.M. Kamaluddin Ansari And Co. vs Union Of India (Uoi) And Ors. on 12 August, 1983

In M/s. H.M. Kamaluddin Ansari (supra), Section 41 of the Arbitration Act, 1940 was considered and it was ultimately held that court cannot pass interim injunction against purchase restraining it from with-holding payments to the supplier under other contracts which are not the subject matter of arbitration proceedings before the court. Such an injunc-tion would amount to direction to pay such other amounts to the supplier. However in this case it was further held that whenever any claim for the payment of a sum of money arises including a claim for damages Dispted by the contractor - Union of India can withhold the amounts under other bills of the contract. But it further clarifies that Union of India can, however, be injuncted from recovering or appropriating it to the damages claimed under Section 41(b) of the Arbitration Act pending the arbitration proceedings.
Supreme Court of India Cites 12 - Cited by 95 - R B Misra - Full Document

Marwar Tent Factory vs Union Of India And Ors on 9 November, 1989

"13. "As some doubt was raised in the Delhi High Court as to the exact scope of the ratio of the Union of India Vs. Raman Iron Foundry, , the matter was referred to a full Bench apparently to reconsider the earlier Division Bench judg-ments in Marwar Tent Factory Vs. Union of India, and M/s. Air Foam Industries Pvt. Ltd. Vs. Union of India, . The full Bench in Mohan Meakin Breweries Ltd.Vs. Union of India, took the view that though an injunction could be granted in those matters restraining the Union of India from adjusting or recovering any damages claimed by it from other pending bills of the contractor no order of injunction restraining the Union of India from withholding the payments due to the contractor under other pending bills could be issued."
Supreme Court of India Cites 11 - Cited by 26 - B C Ray - Full Document

Air Foam Industries Pvt. Ltd. vs Union Of India on 15 November, 1972

"13. "As some doubt was raised in the Delhi High Court as to the exact scope of the ratio of the Union of India Vs. Raman Iron Foundry, , the matter was referred to a full Bench apparently to reconsider the earlier Division Bench judg-ments in Marwar Tent Factory Vs. Union of India, and M/s. Air Foam Industries Pvt. Ltd. Vs. Union of India, . The full Bench in Mohan Meakin Breweries Ltd.Vs. Union of India, took the view that though an injunction could be granted in those matters restraining the Union of India from adjusting or recovering any damages claimed by it from other pending bills of the contractor no order of injunction restraining the Union of India from withholding the payments due to the contractor under other pending bills could be issued."
Delhi High Court Cites 6 - Cited by 8 - Full Document
1