Order 27 Rule
8-A CPC . Sub-section (3) of Section 36 of the Arbitration Act
mandates that while considering an application for stay filed ... enshrined in Section 36 would extend. The
limited extent of the legal fiction which stands engrafted in Section
36 of the Arbitration and Conciliation
Acme Heergarh Powertech Private ... vs Assistant Commissioner Of Customs, Icd ... on 6 May, 2024
Author
legal fiction incorporated in Section 36 was
explained in the following terms:-
"37. It was significantly observed that Section 36 only provided ... fact that Section 36 uses
a phraseology which equates an award with a decree cannot be
divorced from the legislative intent. Section 36
YASHWANT VARMA
ORDER
1. The present execution petition preferred under Section 36 of the
Arbitration and Conciliation Act, 19961 seeks the issuance of
appropriate directions ... blindly followed, inasmuch as Section 635 itself
provides a procedure and which is missing in Section 36 of the
Arbitration Act.
25. In this regard
Section 32(1) of the Act.
35.3. The period of limitation for filing objections to the award under
Section 34 commences.
36. Section 34 provides ... Section 17 of the Limitation Act to
Section 34 would do violence to the scheme of the
Arbitration Act . As discussed above, Section 36 enables
arbitration
proceedings, during arbitration proceedings or at any time after an
award is made, but before such award is enforced in accordance
with Section 36 ... award but before it is enforced and in accordance with Section 36
of the Arbitration Act. The bar of Section 9(3) operates where
Acme Raisar Solar Energy Private ... vs Central Board Of Indirect Taxes And ... on 6 May
Avaada Sunrays Energy Private Limited vs Central Board Of Indirect Taxes And ... on 6 May
Spicejet Limited vs Kal Airways Private Limited & Anr. & Ors. on 17 May, 2024
Ajay Singh vs Kal Airways Private Limited & Anr. on 17 May, 2024
Author: Yashwant
