arbitration clause is assailed as null and void, inoperative or incapable of being performed, the case would not fell under the exception to Section ... Understanding dated 08.04.2003 have become null and void, inoperative and incapable of being performed, the contention of Mr. Y.P. Narula, the learned senior counsel
Section 44
is null and void, inoperative or incapable of being performed. He
submitted that the agreement referred to in Section ... writing for arbitration is null and void,
inoperative or incapable of being performed, the Court will not entertain a
dispute covered by the arbitration agreement
applies, the arbitration
agreement is null and void, inoperative or incapable of being performed. It
is clear that the principles applicable under
London is null, void and
inoperative, non est and incapable of being performed and pass
an injunction against the Defendant from taking any steps
pursuant ... unless it
finds the agreements null and void, inoperative or incapable of
being performed. The conditionality mentioned in Section 45 of
the Act are conspicuously
whether the agreement is null and void, inoperative or incapable of being performed, the plaintiff should only raise these issues before the Arbitrator Justice ... that the said agreement is null and void, inoperative or incapable of being performed."
Section 54 of the Act reads as follows
speak of incapability or incapacity of a party to a contract, but speaks of incapability of the arbitration agreement from being performed. Per contra, section ... present case, have become incapable of performance. Therefore, the contention that the arbitration agreement has become incapable of being performed, cannot be accepted.
INOPERATIVE
Engagement dated 20.05.2013 is null
and void, inoperative and incapable of being performed and also
against the public policy of India ... Letter of Engagement is
null and void or inoperable or incapable of being performed is maintainable.
In this context reference
defendant is clearly null and void, inoperative and
incapable to be performed. Issues relating to the fraudulent acts and
malpractices on the part of defendants ... arbitration clause in only one set of agreements is incapable
of being performed as the same if applied would not resolve the
interlinked nature
that the said agreement
is null and void, inoperative or incapable of being performed.
15. It has further been stated that in view ... that the said agreement is null and void. inoperative or incapable
of being performed.
16. Defendant No. 1 further submitted that the arbitration agreement
Section 44
is null and void, inoperative or incapable of being performed. He
submitted that the agreement referred to in Section ... writing for arbitration is null and void,
inoperative or incapable of being performed, the Court will not entertain a
dispute covered by the arbitration agreement
