before the District Forum, claiming that the provisions of the Arbitration Act are mandatory in nature and, as such, the matter should be referred ... Arbitration Act, 1940 and that the Arbitration Act, 1996 has brought out
fundamental changes and in view of the Arbitration Act, 1996 , it is mandatory
particular Section 3 of the Act of 1986 and
Arbitration Act of 1940 has held that the Consumer Fora created under
Misc. Application No.1587 ... Arbitration Act, 1940 and that the Arbitration Act, 1996 has brought out
fundamental changes and in view of the Arbitration Act, 1996 , it is
mandatory
argued
that the agreement entered between the parties is subject to
arbitration clause and relied upon the judgments of the Hon'ble
Consumer Complaint ... Supreme Court has taken consistent
view that existence of arbitration clause makes it mandatory for
judicial authority to refer parties to arbitration as Section
completed
within the agreed time, however, there is no agreed time of
mandatory completion of the construction as provided in Clause ... counsel for the Ops, which was mandatory in case Ops required to
refer the matter for arbitration. Even if there is Arbitration Clause
Whether the present complaint is to be referred to Arbitration in view of Clause-13 of the Buyer's Agreement, dated March 08th ... after enactment of the Arbitration and Conciliation (Amendment) Act, 2015 in Section 8 of the Arbitration Act, it is mandatory for this Commission to refer
agreed time for mandatory completion of the
project; this complaint is not maintainable before this Commission
as there is an arbitration clause in the agreement ... also
stated that in the agreement, the time agreed was not mandatory. It
was only an endeavor on the part of the Ops to complete
under Clause 5.1, the time given to complete the
construction was not mandatory, it was mentioned only that
'endeavour' will be made ... arbitration
clause and in case there is any dispute between the parties, the
matter was required to be referred to the Arbitrator under
Arbitration
order dated
11.9.2015 of the Civil Judge. It was a case of mandatory injunction
seeking direction to the defendant to hand over the possession ... different cause of action as it was a civil suit for mandatory
injunction and permanent injunction whereas in the present
complaint, he has sought
decree
for the mandatory injunction directing the defendants to submit and
lodge the claim in the present complaint. The mandatory suit relief is
virtually ... person has already availed a
remedy of the Civil Suit or Arbitration then he cannot avail any other
remedy by filing the complaint
decree for the mandatory injunction directing the defendants
to submit and lodge the claim in the present complaint. The
mandatory suit relief is virtually ... person has
already availed a remedy of the Civil Suit or Arbitration then he
cannot avail any other remedy by filing the complaint
