Arbitration Act.
This is a pure question of law. Only if Section 17 of
Limitation Act was applicable to a Section 34 application,
the question ... Arbitration Act .
23. We are conscious that this Court in several
pronouncements has extended Section 14 of Limitation Act
to Section 34 of Arbitration Act
Act. The
said powers under section 34(5) does not fatter upon the powers
under sections 34(1) and 34(2) of the Act. Learned ... 34(6) cannot be read in isolation but have to be read
with section 34(1) and section 34 (2) . Section 34(5) cannot
settle the disputes by Arbitration but without any effect and as such the application under Section 34 of the Arbitration Act should be rejected ... steps in the proceeding as provided in Section 19 of the Arbitration Act. 1889 or Section 34 of the Arbitration Act, 1940 and therefore
award
under Section 34 of the 1996 Act has to be
made within the time prescribed under sub
section (3) of Section 34 ... under the
Arbitration Act is concerned, the aforesaid has
no substance. Section 43(1) of the Arbitration
Act specifically provides that Limitation Act ,
Civil Appeal
awarded sum along with the arbitration application under section 34 of
the Arbitration & Conciliation Act, 1996, limitation had not stopped and
::: Uploaded ... arbitration agreement referred to in
section 7(1) of the Arbitration & Conciliation Act, 1996.
37. In my view, section 19 of the MSMED Act
Section 5 of the Limitation Act, 1963 read with Section 43 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act ... whether the Arbitration Act, 1996 expressly excludes the applicability of Section 5 of the Limitation Act, 1963 to a proceeding under Section 34
read with Sections 5 and 37 of the Arbitration Act. That apart,
the words used in Section 37(c) of the Arbitration Act have reiterated ... Arbitration Act is not
applicable to the statutory remedy as provided under Section 2(iv) of the
Arbitration Act. That apart, Section 34
Act 1940 held as follows:
" Section 34 of the Act confers power on the Court to stay legal proceedings where there is an arbitration ... dispute to arbitration. Once the matter has been referred to arbitration and the arbitrator has passed his award, Section 34 of the Act
under sub-section (4) of Section 34 of the
Act. The object of sub-section (4) of Section 34 of
the Act is to give ... section (4) of Section 34 of the Act. The object of sub-section (4)
of Section 34 of the Act is to give an opportunity
meaning of the Act, and that proceedings under Section 13 of the Act could not be stayed under Section 34 , Arbitration Act.
Incidentally ... Society filed an appeal in this Court under Section 39 , Arbitration Act and Section 40 of Act LXX. This appeal was decided by Khosla
