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1 - 10 of 12 (0.32 seconds)The Arbitration Act, 1940
Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 2 in The Arbitration Act, 1940 [Entire Act]
Spicejet Limited vs Kal Airways Private Limited And Ors. on 3 July, 2017
47. Ms. Kapadia has pressed prayer (e), which is for a direction to
the respondent to furnish a solvent security for the amount payable
Signature Not Verified O.M.P. (I) (COMM.) 255/2020 Page 27 of 31
Digitally Signed By:SUNIL
SINGH NEGI
Signing Date:10.12.2020
21:02:03
against Lot A, which is US$ 133,878.31. Mr. Lohia has, on the other
hand, relied on the judgment of the Division Bench of this Court in
Ajay Singh v. Kal Airways Pvt. Ltd.4 as well as the recent decision of
this Court in Dinesh Gupta v. Anand Gupta5, to contend that
furnishing of security, for the amount involved in the arbitration, can
only be directed, where the facts indicate that, were such security not
directed to be furnished, there is a danger of the arbitral proceedings
being frustrated.
The Code of Civil Procedure, 1908
Dinesh Gupta And Others vs Anand Gupta And Others on 17 September, 2020
47. Ms. Kapadia has pressed prayer (e), which is for a direction to
the respondent to furnish a solvent security for the amount payable
Signature Not Verified O.M.P. (I) (COMM.) 255/2020 Page 27 of 31
Digitally Signed By:SUNIL
SINGH NEGI
Signing Date:10.12.2020
21:02:03
against Lot A, which is US$ 133,878.31. Mr. Lohia has, on the other
hand, relied on the judgment of the Division Bench of this Court in
Ajay Singh v. Kal Airways Pvt. Ltd.4 as well as the recent decision of
this Court in Dinesh Gupta v. Anand Gupta5, to contend that
furnishing of security, for the amount involved in the arbitration, can
only be directed, where the facts indicate that, were such security not
directed to be furnished, there is a danger of the arbitral proceedings
being frustrated.
Section 37 in The Arbitration Act, 1940 [Entire Act]
Big Charter Private Limited vs Ezen Aviation Pty. Ltd. & Ors. on 23 October, 2020
25. It is clear from a reading of the proviso to Section 2(2) of the
1996 Arbitration Act, that, in the case of International Commercial
Arbitration, Part II of the 1996 Arbitration Act, which includes
Section 9, would continue to apply, even if the seat of arbitration is
outside India. BGS SGS SOMA JV1, on which Mr. Lohia sought to
place reliance, did not involve a situation in which the proviso to
Section 2(2) of the 1996 Arbitration Act was applicable. This Court, in
its recent judgment in Big Charter Private Limited v. Ezen Aviation
Pty.