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1 - 9 of 9 (2.04 seconds)Section 39 in The Arbitration Act, 1940 [Entire Act]
Section 33 in The Arbitration Act, 1940 [Entire Act]
The Arbitration Act, 1940
Section 32 in The Arbitration Act, 1940 [Entire Act]
Section 9 in The Arbitration Act, 1940 [Entire Act]
United India Insurance Co. Ltd. vs Darbar Woollen Mills on 6 January, 1984
Co. vs. Darbar W. Mills, 1984 Rajdhani L.R. 405.
Union Of India vs Bakhtawar Singh Bal Krishan on 18 November, 1983
(5) With regard to the decision relied upon by the learned counsel in U.O.I, vs. Bakhtawar Singh, 1985 Arbi. L.R. 67, the same is clearly distinguishable. There the Court held, while dealing with an application for making their award a rule of the Court, that the Court had no territorial jurisdiction to decide the same. The application under the Arbitration Act was, therefore, not entertained. It was on these circumstances that this Court held that order was not passed under the Arbitration Act but had been passed in exercise of its jurisdiction under the Civil Procedure Code . and was, therefore, appealable.
Orient Transport Co. Gulabra And ... vs Jaya Bharat Credit And Investment Co., ... on 7 September, 1987
(7) Learned counsel also refers to the case of Orient Transport Co. vs. Jaya Bharat Co. . There a suit had been filed challenging the validity of a contract and it was held that S. 32 of the Arbitration Act did not take away the right of the Civil Court u/S. 9 to challenge the validity of the contract. In the present case, however, the petitioner has not filed a suit and what has been filed is an application u/S. 33 of the Arbitration Act and the same has also not been registered as a suit, and has been registered as O.M.P. In our opinion no assistance can be derived by the counsel for the appellant. For the aforesaid reasons, the appeal is dismissed.
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