refers parties to arbitration
under Section 8 , not being appealable under Section
37(1)(a) , would not be appealable under Section ... sections (2) and (3)
of Section 16 of the Arbitration Act would equally not
be appealable under Section 37(2)(a) and, therefore,
under Section
Dlf Homes Panchkula Private Limited vs Yachana Gupta on 12 December, 2018
NATIONAL CONSUMER DISPUTES
this complaint, the Opposite Parties filed two applications one under Section 8 of the Arbitration & Conciliation Act, 1996 for referring the matter ... filed an application under Section 8 of the Arbitration & Conciliation Act, 1996 for referring the matter to the arbitration.
The question qua referred
provision to settle disputes between the parties through Arbitration, in terms of provisions of Section 8 (amended) of 1996 Act, this Commission has no jurisdiction ... existence of arbitration clause in an Agreement/Allotment Letter, to settle disputes between the parties through Arbitration, in terms of provisions of Section 8 (amended
existence of arbitration clause in an Agreement/Allotment Letter, to settle disputes between the parties through Arbitration, in terms of provisions of Section 8 (amended ... Application bearing No.36 of 2018 moved by Opposite Parties No.1 to 3 under Sections 5 & 8 of Arbitration and Conciliation
provision to settle disputes between the parties through Arbitration, in terms of provisions of Section 8 (amended) of 1996 Act, this Commission has no jurisdiction ... existence of arbitration clause in an Agreement/Allotment Letter, to settle disputes between the parties through Arbitration, in terms of provisions of Section 8 (amended
that the basic conditions stipulated by
the provisions of section 36 (1) (vii) and 36 (2) of the Act were not fulfilled,that the assessee ... given on lease. He referred to the
provisions of section 36(vii) read with section 36 (2) of the Act and relied upon the case
arbitration proceedings against Government of India under
UNCITRAL Arbitration rules, 1976 on 04.10.2010 and the matter
is pending before, "The permanent .court of Arbitration ... Income Tax,
Circle-5(1), New Delhi.
ISSUES RAISED BY LD. PCIT U/S 263
11. After the conclusion of the assessment in the aforesaid
maintainable. On considering Section 3 of Consumer Protection Act, 1986, the complaint is maintainable as the section says that the provisions of this Act shall ... time being in force. Thus, mere existence of an Arbitration clause would not oust the jurisdiction of this Commission. This view dovetails from the judgment
part of the Opposite Parties, the complainants filed the instant complaint under Section 17 of the Consumer Protection Act 1986 (in short 1986 Act) seeking ... account of existence of Clause 36 in the Agreement and that the relief claimed is beyond Section
