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1 - 10 of 13 (0.90 seconds)Section 37 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 3 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Arbitration And Conciliation Act, 1996
Article 34 in Constitution of India [Constitution]
State Trading Corporation Of India Ltd vs M/S Toepfer International Asia Pte Ltd. on 2 July, 2014
56. It was submitted that in State Trading Corporation of India
Ltd., vs Toepfer International Asia PTE Ltd., (2014) SCC Online Del
3426a Hon’ble Division Bench of the Delhi High Court held that the scope
of appeal under section 37 is even more restricted. The court held that
analysing the contract between the parties and interpreting the terms and
conditions thereof will be nothing else than sitting in appeal over the
arbitral award which is not permissible. The court dismissed the appeal with
costs. It also noted that certain arguments were raised for the first time in
appeal.
Section 29 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 28 in The Arbitration Act, 1940 [Entire Act]
Thanikkudam Bhagwati Mills Ltd., A ... vs Mrs. Reena Ravindra Khona, The East ... on 4 June, 2007
57. It was submitted that in Thanikkudam Bhagwati Mills Ltd.,
vs Reena Ravindra Khona and ors., 2007 (3) ARBLR 161 Bom / 2007
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(4) BomCR 21 Hon’ble Division Bench of Bombay held that it is well
settled law that a petitioner challenging an award under the provisions of
the Act has to raise all the grounds of challenge in the petition filed. In the
absence of ground being specifically raised in the petition filed under
section 34, the petitioner is not entitled to canvass any new ground
extraneous to those grounds enumerated in such petition.
Associate Builders vs Delhi Development Authority on 25 November, 2014
105. If the Arbitral Tribunal had given a reasonable interpretation
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to the Clauses in the License Agreement, there is no scope for interference
under Section 34 of the Arbitration and Conciliation Act, 1996. On the
other hand, if the interpretation given is contrary to the License, we are
bound to interfere and set aside the award. We shall therefore refer to the
relevant clauses in the agreements. As per Associate Builders vs Delhi
Development Authority [2015 (3) SCC 49] it has been held in para 42.3 as
follows: