application under Section 37 of the Indian Arbitration Act, alleging that no valid reference for arbitration was made and the reference to Mr. Mathur ... contract did not amount to an arbitration clause and that the appoint ment of an arbitrator was void ab initio. The prayer made before
thus
enforce his rights, is void to that extent.
Savings of contract to refer to arbitration dispute that may arise
Exception
1 - This section shall ... subject of pending action or arbitration.
10.While
construing this provision vis-`-vis Section 28 of the Contract Act and the
cases cited above
arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed. Undisputedly, there exists an arbitration agreement between ... with Section 45 and refer the parties to arbitration, because the agreement is neither null and void, nor inoperative or incapable of being performed. Incapability
that the respondents were interested in forming a quorum only for pursuing arbitration proceedings against MSEB, Govt. of Maharashtra and Govt. of India. Pursuing cases ... Section 28 of the Contract Act, any restraint to legal proceedings is void. However, as an exception, recourse to Arbitration is provided in that Section
Section 35 of the Stamp Act.
Such agreements are not rendered void or
void ab initio or unenforceable;
b. Non-stamping or inadequate stamping ... rendered void and void ab initio; an objection
as to the under-stamping or non-stamping of the
underlying contract will not have any bearing
established & not disproved otherwise and secondly where the provisions of
contract Act u/s 28 sub-section B provides as under.
every agreement , - which ... party from enforcing his rights , is void to that extent.
Exception 1- Saving of
contract to refer to arbitration dispute that may arise.- This section
under him, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed ... Schedule I to the Arbitration Act in terms of Section 44 , we shall extract the same :
"Each contracting State shall recognize an agreement
arbitration proceedings. The State Commission has wider powers
in the matter.
k) The Respondent No. 1 has submitted that the PPA was a
contingent contract ... since the condition precedent was not
fulfilled the PPA becomes void. On this aspect, the Respondent
No. 1 has relied on the Sections
declaration of the MOU dated 23-2-2000 as null and void on the ground that he had no knowledge of the same earlier. This ... arbitration. Therefore, without recourse to the terms of the agreement, none of the allegations could be looked into and that being the case, since arbitration
parties that while dealing with an
identical situation where a contract
contained a provision prescribing a period of limitation shorter than that
prescribed ... subject of pending action or
arbitration and held that while construing that provision vis--vis Section 28
of the Contract Act and the cases cited
