Very Sorry State of Affairs: Supreme Court On Pendency Of Execution Proceedings In Arbitration Matters For More Than 20 Years In Executing Courts In UP
2 years, 11 months ago

Very Sorry State of Affairs: Supreme Court On Pendency Of Execution Proceedings In Arbitration Matters For More Than 20 Years In Executing Courts In UP

Live Law  

The Supreme Court on Friday expressed concerns at the pendency of execution proceedings for executing the award in Arbitration Matters before subordinate courts/executing courts in the State of Uttar Pradesh. "This is a very sorry state of affairs that even the execution proceedings to execute the Award passed under the Arbitration Act are pending for more than 20 years. Accordingly, the Top Court asked the Registrar General of the High Court of Judicature at Allahabad and the Lucknow Bench to place on record how many execution petitions to execute the Award both under the Arbitration Act, 1940 and under the Arbitration and Conciliation Act, 1996 are pending in the subordinate courts/executing courts in the entire State; how many Section 34 applications are pending in the entire State and from which year and how many Section 37 applications are pending before the High Court and from which year. In the instant case termed by the Top Court as "glaring example of frustrating the arbitration proceedings under the Arbitration Act", the Award was passed in the year 1992 and the execution petition is of the year 2003, which was still reported to be pending.

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History of this topic

Execution Proceedings Can't Be Quashed Solely Due To Non-Supply Of Signed Arbitral Award: Chhattisgarh High Court
1 month, 2 weeks ago

Execution Proceedings Can't Be Quashed Solely Due To Non-Supply Of Signed Arbitral Award: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court bench of Justice Rakesh Mohan Pandey has held that non-supply of the signed arbitral award may be a ground for setting aside an award, but on this ground alone, the execution proceedings cannot be quashed. The respondent Bank filed an application for execution under Section 36 of the Arbitration and Conciliation Act, 1996 read with Order …

Executing Courts Can't Annul Arbitral Awards Solely On Ground Of Unilateral Appointment Of Arbitrator: Madras High Court
1 month, 3 weeks ago

Executing Courts Can't Annul Arbitral Awards Solely On Ground Of Unilateral Appointment Of Arbitrator: Madras High Court

Live Law  

The Madras High Court bench of Justice N. Sathish Kumar has observed that the issue of ineligibility of the arbitrator cannot be raised during the pendency of the execution proceedings. The court held that the Executing Courts cannot suo motu dismiss the Execution Petition solely on the ground of unilateral appointment of an arbitrator. “As long as there is no …

Supreme Court Sets Aside Awards Of Over Rs 46 Lakhs Passed Against UP Govt In Sham Arbitration Proceedings
2 months, 2 weeks ago

Supreme Court Sets Aside Awards Of Over Rs 46 Lakhs Passed Against UP Govt In Sham Arbitration Proceedings

Live Law  

The Supreme Court on Thursday set aside two ex-parte arbitration awards on grounds of fraud played by the litigant who appointed sole arbitrators and conducted 'sham' arbitration proceedings in a service dispute against U.P. Referring to the peculiar facts of the case, the Court held : "It is apparent that the arbitration proceedings were a mere sham and a fraud …

Petition Filed After Expiry Of Limitation Period U/S 34(3) Of Arbitration Act Cannot Be Entertained Unless Sufficient Cause Is Shown: Himachal Pradesh HC
4 months ago

Petition Filed After Expiry Of Limitation Period U/S 34(3) Of Arbitration Act Cannot Be Entertained Unless Sufficient Cause Is Shown: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that petition under section 34 of the Arbitration Act cannot be entertained which is filed beyond the prescribed period of 3 months under section 34 of the Act in the absence of sufficient cause being shown. Observations: The court, at the outset, noted that as per Section …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
4 months, 1 week ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
11 months, 1 week ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

Execution Petition For Arbitration Award Would Lie Only Before The Designated Commercial Courts: Andhra Pradesh High Court
1 year, 6 months ago

Execution Petition For Arbitration Award Would Lie Only Before The Designated Commercial Courts: Andhra Pradesh High Court

Live Law  

The High Court of Andhra Pradesh has held that an execution petition for an arbitration award can only lie before the designated Commercial Courts and no other Court viz., Civil/District Court can entertain such an application. Somayajulu and Duppala Venkata Ramana held that an execution/enforcement petition for an arbitration award of a specified value would be an application within the …

Court Has Power To Issue Time Bound Directions To Collector Of Stamps To Decide On Unstamped Arbitration Agreements, Purpose Of Section 11(13) Of A&C Act Should Not Be Defeated: Delhi High Court
1 year, 7 months ago

Court Has Power To Issue Time Bound Directions To Collector Of Stamps To Decide On Unstamped Arbitration Agreements, Purpose Of Section 11(13) Of A&C Act Should Not Be Defeated: Delhi High Court

Live Law  

The Delhi High Court has held the Court exercising power under Section 11 of the A&C Act has the power to issue time bound directions to Collector of Stamps to decide on unstamped arbitration agreements to ensure that the mandate of Section 11 of the A&C Act that provides for expeditious disposal of Section 11 petition should not be defeated. …

Arbitration Cases Weekly Round-Up: 30 October To 5 November, 2022
2 years, 4 months ago

Arbitration Cases Weekly Round-Up: 30 October To 5 November, 2022

Live Law  

Supreme Court: Issue Of Arbitrability Should Be Left To Arbitrator Unless On The Face It Is Found That Dispute Is Non- Arbitrable: Supreme Court Case Title: VGP Marine Kingdom Pvt Ltd versus Kay Ellen Arnold The Supreme Court reiterated that while considering application under Section 11 of the Arbitration and Conciliation Act, the dispute with respect to the arbitrability should …

Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court
2 years, 8 months ago

Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court

Live Law  

The Gujarat High Court, while dismissing the Civil Application of the Petitioner which challenged the award of the relevant arbitration, has observed that the Petitioner had 'conveniently' initiated two proceedings- one before the instant Bench and another before the District Court under Sec 34. The brief facts of the case were that the Petitioner had challenged the order of the …

Arbitration Cases Weekly Round-Up: June 19 – June 25, 2022
2 years, 9 months ago

Arbitration Cases Weekly Round-Up: June 19 – June 25, 2022

Live Law  

Bombay High Court: Arbitral Proceedings Cannot Be Imposed On A Debenture Trustee Under A Scheme Of Compromise, In The Absence Of An Arbitration Agreement: Bombay High Court Case Title: HMG Industries Ltd. versus Canara Bank Citation: 2022 LiveLaw 224 The Bombay High Court has held that even though a Scheme of Compromise entered into under Section 391 of the Companies …

Arbitration Cases Weekly Round-Up: 15th May to 21st May, 2022
2 years, 10 months ago

Arbitration Cases Weekly Round-Up: 15th May to 21st May, 2022

Live Law  

Bombay High Court: Novation Of Partnership Deed, Arbitration Clause Contained In The Deed Can Be Invoked: Bombay High Court Case Title: Praful A. Mehta versus Nainesh M. Gandhi The Bombay High Court has ruled that the allegation of forgery is required to be dealt with at the stage of trial before the Arbitrator. Calcutta High Court The Finding Of The …

Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court
2 years, 11 months ago

Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court

Live Law  

The High Court of Bombay has held that when an award is set aside for other reasons and not on merit, the parties are well within their rights to initiate fresh arbitration in respect of the same claims and pendency of an appeal against such an order is not a ground to refuse the appointment. Menon has further held that …

Applications For Appointment Of Arbitrator Should Be Decided And Disposed At The Earliest:Supreme Court
2 years, 11 months ago

Applications For Appointment Of Arbitrator Should Be Decided And Disposed At The Earliest:Supreme Court

Live Law  

The Supreme Court on April 1, 2022 expressed concerns at the time taken by the Telangana High Court to dispose of an arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996 after a period of four years. Referring to the amended Arbitration Act wherein arbitration proceedings are required to be disposed of within one year, the bench …

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court
3 years, 6 months ago

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court

Live Law  

The Supreme Court has issued notice on a special leave petition which has raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry on the same allegations.The special leave petition is filed against a judgment of the Madhya Pradesh High Court which held that exoneration in departmental inquiry does not entitle an employee to seek quashing. The …

Delay of More Than 120 Days In Filing Arbitration Appeal Under Section 37 Cannot Be Condoned: SC [Read Judgment]
5 years, 3 months ago

Delay of More Than 120 Days In Filing Arbitration Appeal Under Section 37 Cannot Be Condoned: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a delay of more than 120 days in filing appeal under Section 37 of the Arbitration and Conciliation Act is not liable to be condoned.In M/S N.V. International vs. State Of Assam, an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 was filed challenging an order by District Judge rejecting a …

Supreme Court Monthly Digest- May 2019
5 years, 9 months ago

Supreme Court Monthly Digest- May 2019

Live Law  

Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree Is Dismissed Bhivchandra Shankar More vs. Balu Gangaram More The Supreme Court observed that the right of appeal under Section 96 CPC is a statutory right and the defendant cannot be deprived of the statutory right of appeal merely on the ground that the application filed by …

Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The Award: SC [Read Order]
6 years, 7 months ago

Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The Award: SC [Read Order]

Live Law  

‘Section 34 specifically speaks of the date on which a request under Section 33 has been “disposed of” by the Arbitral Tribunal. We are also of the view that a “disposal” of the application can be either by allowing it or dismissing it.’The Supreme Court has made it clear that the limitation period to make application to set aside arbitral …

Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The Award: SC [Read Order]
6 years, 7 months ago

Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The Award: SC [Read Order]

Live Law  

‘Section 34 specifically speaks of the date on which a request under Section 33 has been “disposed of” by the Arbitral Tribunal. We are also of the view that a “disposal” of the application can be either by allowing it or dismissing it.’The Supreme Court has made it clear that the limitation period to make application to set aside arbitral …

Pendency Of Cases: CJI Writes To HC Chief Justices To Implement Disposal Review Mechanism, Fill Up Vacancies In District Judiciary
6 years, 9 months ago

Pendency Of Cases: CJI Writes To HC Chief Justices To Implement Disposal Review Mechanism, Fill Up Vacancies In District Judiciary

Live Law  

In view of the observations of the Arrears Committee of the Supreme Court in respect of the mounting pendency of civil and criminal appeals before the High Court, CJI Dipak Misra has written to the Chief Justices of the High Courts to initiate a Disposal Review Mechanism.The Mechanism is intended to concentrate on the institution and disposal of matters on …

Pendency Of Cases: CJI Writes To HC Chief Justices To Implement Disposal Review Mechanism, Fill Up Vacancies In District Judiciary
6 years, 9 months ago

Pendency Of Cases: CJI Writes To HC Chief Justices To Implement Disposal Review Mechanism, Fill Up Vacancies In District Judiciary

Live Law  

In view of the observations of the Arrears Committee of the Supreme Court in respect of the mounting pendency of civil and criminal appeals before the High Court, CJI Dipak Misra has written to the Chief Justices of the High Courts to initiate a Disposal Review Mechanism.The Mechanism is intended to concentrate on the institution and disposal of matters on …

Arbitral Award Can Straightaway Be Executed In The Court Where Assets Are Located, Without Obtaining Transfer Of Decree: SC [Read Judgment]
7 years, 1 month ago

Arbitral Award Can Straightaway Be Executed In The Court Where Assets Are Located, Without Obtaining Transfer Of Decree: SC [Read Judgment]

Live Law  

Putting at rest a difference of legal opinion between several High Courts throughout the country, the Supreme Court, on Thursday, ruled that an arbitral award can straightaway be filed and executed in the Court where the assets are located, without first obtaining a transfer of decree from the Court which would have jurisdiction over the arbitral proceedings.The Bench comprising Justice. …

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