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1 - 9 of 9 (0.20 seconds)Fiza Developers & Inter-Trade P.Ltd vs Amci (I) P.Ltd.& Anr on 27 July, 2009
32.Be that as it may, Hon'ble Supreme Court recently in Fiza
Developers & Inter-Trade (P) Ltd. Vs. AMCI (India) (P) Ltd. reported in (2009)
17 SCC 796 held that an application in the nature of instant OP which is
http://www.judis.nic.in
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under Section 34 of A & C Act is a summary procedure and this principle laid
down by Supreme Court in Fiza Developers & Inter-Trade (P) Ltd. Vs. AMCI
(India) (P) Ltd. was subsequently reiterated in Emkay Global Financial
Services Limited Vs. Girdhar Sondhi reported in (2018) 9 SCC 49. While
referring to the Fiza Developers principle, Supreme Court in Emkay Global
has held that Fiza Developers principle is a step in the right direction towards
expeditious disposal of petitions under Section 34 of A & C Act.
The State Of Bihar vs Bihar Rajya Bhumi Vikas Bank Samiti ... on 30 July, 2018
33.To be noted, State of Bihar Vs. Bihar Rajya Bhumi Vikas Bank
Samiti reported in (2018) 9 SCC 472 is an authority, case law for proposition
that notice under Sub-Section 5 of Section 34 of A & C Act is not mandatory
and is only directory clause. However, in Bhumi Vikas, the Supreme Court has
referred to Fiza Developers and held that endeavour shall be made for
disposal of Section 34 of A & C Act application within prescribed time line.
The Contract Labour (Regulation and Abolition) Act, 1970
Section 73 in The Indian Contract Act, 1872 [Entire Act]
Section 5 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Associate Builders vs Delhi Development Authority on 25 November, 2014
26.As mentioned supra, there were as many as 55 exhibits marked on
the side of the claimant/contractor and as many as 30 exhibits marked on the
side of the Southern Railway before AT. These exhibits have been analysed
by AT in dealing with 13 different issues and answered the claims made under
eight different heads. It is well settled that AT is the best Judge of the quality
and quantity of evidence as has been held in Hodgkinson principle
(Hodgkinson Vs. Fernie, the reference being 140 ER 712) though written in
1857, the same can safely be followed as Hon'ble Supreme Court very
recently in the oft-quoted Associate Builders Vs. Delhi Development Authority
case reported in (2015) 3 SCC 49 has quoted the same with approval. This
puts an end to the second ground of attack or in other words, fire in the
second ground on which instant OP is predicated stands doused.
The Arbitration And Conciliation Act, 1996
M/S Emkay Global Financial Services ... vs Gindhar Sondhi on 20 August, 2018
32.Be that as it may, Hon'ble Supreme Court recently in Fiza
Developers & Inter-Trade (P) Ltd. Vs. AMCI (India) (P) Ltd. reported in (2009)
17 SCC 796 held that an application in the nature of instant OP which is
http://www.judis.nic.in
16
under Section 34 of A & C Act is a summary procedure and this principle laid
down by Supreme Court in Fiza Developers & Inter-Trade (P) Ltd. Vs. AMCI
(India) (P) Ltd. was subsequently reiterated in Emkay Global Financial
Services Limited Vs. Girdhar Sondhi reported in (2018) 9 SCC 49. While
referring to the Fiza Developers principle, Supreme Court in Emkay Global
has held that Fiza Developers principle is a step in the right direction towards
expeditious disposal of petitions under Section 34 of A & C Act.
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