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State Of West Bengal vs Associated Contractors on 10 September, 2014

Therefore, in view of categorical finding recorded in State of West Bengal & Others Vs. Associated Contractors (supra), it has to be accepted that Section 42 of the Arbitration Act would govern the field not only in respect of the applications made to the Court, before and during arbitral proceedings but also qua those filed after the arbitral proceedings are over provided that such applications are made in Part I of the Arbitration Act. The expression "with respect to an arbitration agreement" as used in Section 42 of the Arbitration Act, as held by the Supreme Court, are words of wider import and would take in its sweep all applications filed before, during or after, the arbitral proceedings are over provided such applications are made under Part I, which, obviously would also include an application under Section 36 of the Arbitration Act as it is very much covered by Part I of the said Act.
Supreme Court - Daily Orders Cites 42 - Cited by 195 - R F Nariman - Full Document
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