under sub-
30
section (2) and not for arbitration contemplated by sub-
section (3). Therefore, applicability of Sections 65 to 81
will be confined only ... Section
65 to Section 81 thereof. Immediately thereafter, sub-
39
section (3) of Section 18 introduces an absolutely novel
procedure allowing the commencement of arbitration
centre, for conducting conciliation and the
provisions of sections 65 to 81 of the Arbitration and
Conciliation Act, 1996 (26 of 1996) shall apply ... dispute with regard to any amount due under
Section 17 . Sub-section (2) of Section 18 contemplates of conduct of
conciliation either by council itself
proceedings. Section 65
of the Arbitration Act is referable to submission of
statements to Conciliator and under Section 66 of the
Arbitration Act, the Conciliator ... provisions of the
Arbitration Act were invoked and the proceedings were
conducted under the Arbitration Act . Indeed Sections
65 to 81 of the Arbitration
Section (3) of Section 18 after conciliation fails under
SubSection (2) of Section 18 of the MSMED Act, and conciliation
initiated under subsection ... arbitration agreement referred to in sub
section (1) of section 7 of that Act. Therefore only after the
procedure under SubSection (2) of Section
services. For purposes of
such conciliation proceedings, Sections 65 to 81 (including Section 80)
of the Arbitration Act are applied. Section 18(3) makes ... between the
parties.
36. Section 18(2) only borrows the provisions of Sections
65 to 81 of the Arbitration and Conciliation Act for the
purpose
other Institution the proviso of
Sections 65 to 81 has to be strictly followed. Section 80 of the Arbitration Act bars
the Conciliator ... sections of the
Arbitration and Conciliation Act, 1996 have been applied for
conducting the arbitration, even though the sub- Section 3 of the
Section
other Institution the proviso of
Sections 65 to 81 has to be strictly followed. Section 80 of the Arbitration Act bars
the Conciliator ... sections of the
Arbitration and Conciliation Act, 1996 have been applied for
conducting the arbitration, even though the sub- Section 3 of the
Section
award is in violation of Section 75 or Section
81 of the Arbitration Act.
13. It is not the case of the appellant that ... anybody in
violation of Section 75 of the Arbitration Act.
-7-
MFA No. 5748/2015
14. Section 81 of the Arbitration Act deals with
Prabhat Steel Traders Pvt Ltd vs Excel Metal Processors Pvt Ltd And 2 Ors on
centre, for
conducting conciliation and the provisions of Sections 65
to 81 of the Arbitration and Conciliation Act, 1996 (26 of
1996) shall apply ... disputes as if the
arbitration was in pursuance of an arbitration agreement
referred to in sub-section (1) of Section 7 of that