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1 - 10 of 21 (0.35 seconds)Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Code of Civil Procedure, 1908
Intertoll Ics Cecons O And M Company P. ... vs National Highways Authority Of India on 16 January, 2006
18. Turning to the decisions cited by learned counsel for HCCL, in Baker
Hughes Singapore Pte. v. Shiv-Vani Oil and Gas Exploration Services
Ltd. (supra), the Bombay High Court noticed the decision of this Court in
Intertoll ICS Cecons v. National Highways Authority of India (supra) and
distinguished it on the basis that what was claimed in the proceedings was
not speculative in nature. The following passage in Baker Hughes
Singapore Pte. (supra) makes the position clear:
Adhunik Steels Ltd vs Orissa Manganese And Minerals Pvt. Ltd on 10 July, 2007
After discussing the decisions in
Adhunik Steels Ltd. v. Orissa Manganese and Minerals (P) Ltd.(supra)
and Nimbus Communications Limited v. Board of Control for Cricket in
India 2012 (4) Arb LR 113, the Court concluded as under:
Raman Tech. & Process Engg. Co. & Anr vs Solanki Traders on 20 November, 2007
& Process Engg. Co. v. Solanki
Traders (supra):
Union Of India vs Raman Iron Foundry on 12 March, 1974
15.6 As noticed in Intertoll ICS Cecons v. National Highways Authority of
India (supra), while the decision in Union of India v. Raman Iron Foundry
(supra) was overruled subsequently in H. M. Kamaluddin Ansari & Co. v.
Union of India (1983) 4 SCC 417 on the point that the clause in the contract
applied to the claim itself and not only to an amount due, the decision in
Arb. A. (Comm.) 30 of 2016 Page 14 of 24
Union of India v. Raman Iron Foundry (supra) is still good law as regards
the nature of the claim for damages.
Gatx India Pvt. Ltd. vs Arshiya Rail Infrastructure Limited & ... on 20 August, 2014
19. Likewise, even in Gatix India Pvt. Ltd. v. Arshiya Rail Infrastructure
Ltd.(supra), a distinction was drawn by the Court itself between speculative
and non-speculative claims and the interim direction was granted only in
respect of the liabilities that could be determined. Therefore neither of the
above decisions support HCCL.
Iron & Hardware (India) Co. vs Firm Shamlal & Bros. on 14 January, 1954
15.5 It may be noted that the above decision in Iron & Hardware (India)
Co. v. Firm Shamlal & Bros.