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1 - 8 of 8 (0.23 seconds)M/S Comed Chemicals Ltd vs C.N.Ramchand on 6 November, 2008
15. Our attention has also been drawn by learned
counsel for the petitioner to a recent judgment in Comed
Chemicals Limited vs. C.N.Ramchand; (2009) 1 SCC 91.
The arbitration clause which was found to be applicable
to the agreement between the parties was under:
Section 2 in The General Clauses Act, 1897 [Entire Act]
Section 11 in The General Clauses Act, 1897 [Entire Act]
Section 16 in The General Clauses Act, 1897 [Entire Act]
Section 16 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Iron And Steel Co. Ltd vs M/S. Tiwari Road Lines on 8 May, 2007
8. The findings of the learned Single Judge are based on a
reading of Rule 21(b) of the ICA Rules which provide for
an arbitral panel of three arbitrators in case the claim
exceeds Rs.50 lakhs. Undisputedly, the claim in the
present case exceeded Rs.50 lakhs. There is no
agreement between the parties to refer the disputes to a
sole arbitrator as per latter part of clause 21(b) of the
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FAO(OS) NO.480/2008 Page 7 of 14
ICA Rules. Learned Single Judge has relied upon the
observations made by the Supreme Court in Iron & Steel
Co.Ltd v. Tiwari Road Lines; 2007 (5) SCC 703 which
underline the importance of courts respecting the
mandate of the parties as contained in their agreement.
Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
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