Clause Excluding Interest on Security Deposit Not a Bar on Arbitrator to Award Pendente Lite Interest: SC [Read Judgment]

6 years, 8 months ago

Clause Excluding Interest on Security Deposit Not a Bar on Arbitrator to Award Pendente Lite Interest: SC [Read Judgment]

Live Law

The Supreme Court has held that a clause in an agreement excluding interest on security deposit does not act as a bar on the arbitrator to award pendente lite interest. The court held that Clause 16 cannot be construed as a bar on award of interest pendente lite, as it was only dealing with the arrest of interest on the security deposit. There, interpreting the exactly same clause in the GCC with respect to a work awarded by Railways excluding interest on deposit, the court held that claimant was not entitled to pendente lite interest. The decision in Sri Chittaranjan Maity regarded the clause barring interest on security deposit as a bar on grant of pendente lite interest by arbitrator.

Contract Security Judgment Court Interest Award Deposit Damages Clause Arbitrator Lite Security Deposit Pendente Lite Interest Pendente Sri Chittaranjan Maity Lite Interest Interest Pendente Lite Ravechee arbitrator security excluding deposit interest court read clause damages sc contract lite award judgment pendente

History of this topic

Interest Cannot Be Awarded By Arbitrator When Awarding Of Interest Is Prohibited In Contract: Madhya Pradesh High Court

3 months, 1 week ago

Interest Cannot Be Awarded By Arbitrator When Awarding Of Interest Is Prohibited In Contract: Madhya Pradesh High Court

Live Law

The Madhya Pradesh High Court bench of Justices Sanjeev Sachdeva and Vinay Saraf has held that the tribunal has no discretion to award payment of interest when there is clear prohibition in the contract that the interest cannot be given. “In Kamatchi Amman Constructions vs. Divisional Railway Manager the Supreme Court while interpreting an identical clause in the contract subject …

Arbitrator Can Award Interest Anytime After The Award Is Passed Till Actual Payment Is Made: Uttarakhand High Court

9 months, 1 week ago

Arbitrator Can Award Interest Anytime After The Award Is Passed Till Actual Payment Is Made: Uttarakhand High Court

Live Law

The Uttarakhand High Court has upheld an arbitration award observing that an arbitrator can award interest after the award is given till the actual payment is made. Hearing the matter, the bench comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal directed the state to pay additional interest as awarded by the arbitrator on the total amount due from the …

When Parties Agree For No Interest Payable Till Arbitral Award Is Made, Arbitrator Bound By This Agreement: Delhi High Court

1 year ago

When Parties Agree For No Interest Payable Till Arbitral Award Is Made, Arbitrator Bound By This Agreement: Delhi High Court

Live Law

The Delhi High Court single bench of Justice Prateek Jalan held that when parties agree that no interest shall be payable, the Arbitral Tribunal is bound by that agreement. Brief Facts: The Petitioner challenged an Arbitral Award, specifically contesting the portion wherein the Arbitrator granted interest on the Respondent's recovery claim against outstanding bills. The Arbitrator in that case awarded …

Agreement Between The Parties “Birth-Giver”; Arbitrator Can’t Grant Pre-Award Interest When Agreement Provided For No Interest: Delhi High Court

1 year, 10 months ago

Agreement Between The Parties “Birth-Giver”; Arbitrator Can’t Grant Pre-Award Interest When Agreement Provided For No Interest: Delhi High Court

Live Law

The Delhi High Court has reiterated that the agreement between the parties has primacy over the powers of the Arbitral Tribunal to grant pre-award interest under Section 31 of the Arbitration and Conciliation Act, 1996. The court thus concluded: “Therefore, the learned Arbitrator has acted well within his power in granting an amount of INR 1.3 Crore on account of …

Arbitrator Can Award Pendente Lite Interest If There Is No Bar Under Contract : Supreme Court

2 years ago

Arbitrator Can Award Pendente Lite Interest If There Is No Bar Under Contract : Supreme Court

Live Law

The Supreme Court recently reiterated that unless there is a specific bar under the contract, it is always open for the Arbitrator to award pendente lite interest in view of Section 31 of the Arbitration and Conciliation Act 1996. Sundresh, while adjudicating an appeal filed in Indian Railway Construction Company Limited v M/s National Buildings Construction Corporation Limited, has affirmed …

Arbitral Tribunal Can Award Interest On Security Deposit If The Clause Prohibiting Such Interest Was Not Specifically Pleaded: Madras High Court

2 years, 4 months ago

Arbitral Tribunal Can Award Interest On Security Deposit If The Clause Prohibiting Such Interest Was Not Specifically Pleaded: Madras High Court

Live Law

The Madras High Court has held that the arbitral tribunal can award interest despite there being a contractual prohibition if no pleading as to the prohibition was made by the aggrieved party. The Court held that in the adversarial system, adjudication is carried out on the basis of pleading and evidence and a party seeking to resist a claim on …

Arbitrator Can Award Interest On Interest Under The A&C Act: Orrisa High Court

2 years, 6 months ago

Arbitrator Can Award Interest On Interest Under The A&C Act: Orrisa High Court

Live Law

The Orissa High Court has held that the arbitrator can award separate interest on claims which are in nature of interest for delayed payment. The Bench of Justice Arindam Sinha held that bar under Section 3 of the Interest Act, 1978 does not apply interest under the A&C Act. The Court rejected the contention of the appellant that the arbitrator …

Arbitrator Has Discretion To Award Post-Award Interest On A Part Of The 'Sum': Supreme Court

2 years, 6 months ago

Arbitrator Has Discretion To Award Post-Award Interest On A Part Of The 'Sum': Supreme Court

Live Law

The Supreme Court held that an arbitrator has the discretion to award post-award interest on a part of the 'sum'.The arbitrator has the discretion to determine the rate of reasonable interest, the sum on which the interest is to be paid, that is whether on the whole or any part of the principal amount, and the period for which payment …

Power Of Arbitral Tribunal To Award Interest Is Discretionary & Subject To Agreement Between Parties: Supreme Court

2 years, 10 months ago

Power Of Arbitral Tribunal To Award Interest Is Discretionary & Subject To Agreement Between Parties: Supreme Court

Live Law

The Supreme Court has held that the power of the arbitral tribunal to award interest is subject to an agreement between the parties to the contrary. The Court also held that ordinarily the total amount of sum awarded on which the future interest is to be given would include the principal amount and the amount awarded as interest pendente lite. …

Weekly Digest Of Arbitration Cases: April 17 - April 23, 2022

2 years, 10 months ago

Weekly Digest Of Arbitration Cases: April 17 - April 23, 2022

Live Law

Arbitrators Must Say Upfront Their Fees For The Number Of Sittings, Opines Supreme Court During Hearing Case Title: Oil and Natural Gas Corporation Ltd. versus Afcons Gunanusa The Supreme Court, while hearing on the issue of fixation of standards for fees for arbitrators, has emphasized on "upfront" fixation of arbitrator's fee. Right Of A Party To File Counter Claims Exists …

Arbitral Tribunal Cannot Award Interest On Interest: Delhi High Court

2 years, 11 months ago

Arbitral Tribunal Cannot Award Interest On Interest: Delhi High Court

Live Law

The High Court of Delhi has observed that the arbitral tribunal cannot award interest on the amount of interest already granted in the award. The Award The respondent claimed damages in respect of airlifting charges and service tax and interest on all the claims. Contention of the parties The petitioner challenged the award on the following grounds: The arbitrator erred …

Government Contracts, Arbitration And Clause Barring Grant Of Interest

2 years, 11 months ago

Government Contracts, Arbitration And Clause Barring Grant Of Interest

Live Law

Recent decision of Supreme Court in the case of Union of India vs Manraj Enterprises rendered by Division Bench has held impliedly that the previous decision of co-ordinate Bench in Union of India vs Pradeep Vinod Constructions is not a good law for not considering the three Judge Bench decision in Union of India vs Bright Power Projects Ltd and …

Arbitrator Cannot Grant Pendente Lite Interest If Contract Contains A Specific Clause Expressly Barring Payment Of Interest: Supreme Court

3 years, 5 months ago

Arbitrator Cannot Grant Pendente Lite Interest If Contract Contains A Specific Clause Expressly Barring Payment Of Interest: Supreme Court

Live Law

The Supreme Court observed that an arbitrator cannot grant pendente lite interest if the contract contains a specific clause which expressly bars payment of interest.Such a contractual clause will not be a violation of Section 28 of the Indian Contract Act, 1872, the bench of Justices S. Abdul Nazeer and Krishna Murari observed. The Supreme Court observed that an arbitrator …

Supreme Court Bars Compound Interest, Penal Interest During Loan Moratorium

4 years ago

Supreme Court Bars Compound Interest, Penal Interest During Loan Moratorium

Live Law

The Supreme Court on Tuesday directed that there should be no charging of compound interest, interest on interest or penal interest on the installments which were due during the loan moratorium period from March 1 to August 31 last year on any borrower, irrespective of the loan amount. Terming this policy of the Centre to be "arbitrary and discriminatory", the …

No Exceptional Treatment To Be Given To The Government While Considering The Application For Stay Of Arbitral Award: SC [Read Judgment]

5 years, 8 months ago

No Exceptional Treatment To Be Given To The Government While Considering The Application For Stay Of Arbitral Award: SC [Read Judgment]

Live Law

The Supreme Court has observed there is no exceptional treatment to be given to the Government while considering the application for stay under Section 36 filed by the Government in proceedings under Section 34 of the Arbitration and Conciliation Act. The bench comprising of Justice RF Nariman and Justice Vineet Saran set aside a Calcutta High Court order which granted …

Arbitrator cannot award Pendente Lite Interest, if contract expressly bars the same: SC [Read Judgment]

9 years ago

Arbitrator cannot award Pendente Lite Interest, if contract expressly bars the same: SC [Read Judgment]

Live Law

The Three Judge Bench of the Apex Court comprising of Justices Ranjan Gogoi, Arun Mishra and Prafulla C. Pant reiterated that if contract expressly bars award of interest pendente lite, the same cannot be awarded by the Arbitrator. The Question Referred Whether Arbitrator can award pendente lite interest when contract contains bar for grant of interest in a case covered …

Arbitrator cannot award Pendente Lite Interest, if contract expressly bars the same: SC [Read Judgment]

9 years ago

Arbitrator cannot award Pendente Lite Interest, if contract expressly bars the same: SC [Read Judgment]

Live Law

The Three Judge Bench of the Apex Court comprising of Justices Ranjan Gogoi, Arun Mishra and Prafulla C. Pant reiterated that if contract expressly bars award of interest pendente lite, the same cannot be awarded by the Arbitrator. The Question Referred Whether Arbitrator can award pendente lite interest when contract contains bar for grant of interest in a case covered …

Awarding of 'Interest on interest' by Arbitral Tribunal, CJI says, it is impermissible; Justice Bobde and Justice Sapre say, yes it is permissible. Decoding Section 31 (7) of the Arbitration and...

10 years, 3 months ago

Awarding of 'Interest on interest' by Arbitral Tribunal, CJI says, it is impermissible; Justice Bobde and Justice Sapre say, yes it is permissible. Decoding Section 31 (7) of the Arbitration and...

Live Law

Three Judges of the Supreme Court have delivered three Judgments on an interesting question of law. The ratio decidendi of that decision merely laid down the discretion of the arbitrator to decide the rate of interest awarded under sub- section of section 31 of the Act, 1996, on a part or whole of the award money" And after an elaborate …

Discover Related

Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi HC

2 days, 6 hours ago

Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi HC

Live Law

The Delhi High Court bench of Justice Subramonium Prasad has held that the mandate of the Arbitrator can be terminated under Section 14 of the Arbitration and Conciliation Act, 1996 if the Arbitrator was appointed unilaterally, which is explicitly prohibited under Section 12 of the Arbitration Act unless the ineligibility is expressly waived through a written agreement. It also held …

Arbitration Court Participation Respondent Proceedings Act Appointment

Non-Signatories To Arbitration Agreement Can Be Made Party To Dispute If Reliefs Sought Against Them Align With Those Sought Against Signatories: Calcutta HC

3 days, 10 hours ago

Non-Signatories To Arbitration Agreement Can Be Made Party To Dispute If Reliefs Sought Against Them Align With Those Sought Against Signatories: Calcutta HC

Live Law

The Calcutta High Court bench of Justices Sabyasachi Bhattacharyya and Uday Kumar has observed that if the reliefs against the non-signatories to the arbitration agreement are in harmony with the reliefs sought against the signatories, particularly when the legal relationship between the signatories and non-signatories are on the same platform vis-a-vis the cause of action of the suit and the …

Arbitration Court Agreement Suit Act Partnership Section 8

Bombay High Court Injuncts Owner Of Kapani Resorts From Alienating Any Interest In Properties Until Conclusion Of Arbitral Proceedings

3 days, 10 hours ago

Bombay High Court Injuncts Owner Of Kapani Resorts From Alienating Any Interest In Properties Until Conclusion Of Arbitral Proceedings

Live Law

The Bombay High Court bench of Justice Somasekhar Sundaresan has injuncted the owner of Kapani Resorts and Greater Kailash Property from alienating any interest in the Resorts and the property under section 9 of the Arbitration and Conciliation Act, 1996, until the conclusion of arbitral proceedings Brief Facts: Under the Agreement executed between Mr. Manmohan Kapani and the Respondents, the …

Arbitration Property Court Greater Vaibhav Resorts Respondents

Arbitral Tribunal Is Sole Judge Of Evidence, Court Not Required To Re-Evaluate Evidence U/S 34 Of Arbitration Act: Delhi High Court

6 days, 8 hours ago

Arbitral Tribunal Is Sole Judge Of Evidence, Court Not Required To Re-Evaluate Evidence U/S 34 Of Arbitration Act: Delhi High Court

Live Law

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tejas Karia held that the arbitrator is the ultimate master of the quantity and quality of evidence to be relied upon when he delivers his arbitral award. Also, the Court held that it is not required to reappreciate or reevaluate the evidence and reagitate the disputes under Section 34 …

Evidence Court Tribunal Respondent Act Award Appellant

Application U/S 34 Of Arbitration Act Not Maintainable If Not Filed With Copy Of Arbitral Award: Delhi High Court

Trending News

6 days, 9 hours ago

Application U/S 34 Of Arbitration Act Not Maintainable If Not Filed With Copy Of Arbitral Award: Delhi High Court

Live Law

The Delhi High Court division bench of Justice Yashwant Varma and Justice Harish Vaidyanathan has held that an application under Section 34 of the Arbitration and Conciliation Act, 1996 is non-maintainable if it is not accompanied by a copy of the impugned award. The Single Judge after examining the material on record held that the original petition filed under Section …

Court Application Held Bench Filing Single Award

Order Passed U/S 23(3) Of Arbitration Act Is Procedural & Not An Interim Award, Cannot Be Challenged U/S 34 Of Arbitration Act: Delhi High Court

6 days, 12 hours ago

Order Passed U/S 23(3) Of Arbitration Act Is Procedural & Not An Interim Award, Cannot Be Challenged U/S 34 Of Arbitration Act: Delhi High Court

Live Law

The Delhi High Court Bench of Justice Subramonium Prasad has held that an order dismissing an application under Section 23 of the Arbitration & Conciliation Act is only a procedural order and does not qualify as an 'interim award' amenable to challenge under Section 34 of the Arbitration & Conciliation Act Brief Facts of the case: The petitioner issued a …

Arbitration Court Parties Conciliation Order Act Award

Pay interest on wrongly-kept money: Supreme Court to Delhi government

1 week, 4 days ago

Pay interest on wrongly-kept money: Supreme Court to Delhi government

Hindustan Times

Money received and retained without legal authority carries with it the right to interest — even for the government — the Supreme Court has ruled, stressing that undue retention of any money warrants proper compensation to its owner by the state and its departments. There being no express statutory provision for payment of interest on the refund of excess amount/tax …

Delhi Money Interest Delhi Government

Even govt must pay interest on wrongfully retained money: SC

1 week, 4 days ago

Even govt must pay interest on wrongfully retained money: SC

Hindustan Times

Money received and retained without legal authority carries with it the right to interest — even for the government — the Supreme Court has ruled, stressing that undue retention of any money warrants proper compensation to its owner by the state and its departments. The present ruling came as the court directed the Delhi government to pay interest on the …

Delhi Court Money Interest Paper Refund

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates

1 week, 5 days ago

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates

Live Law

The Telangana High Court has reiterated and clarified that suits initiated before Civil Courts to curb arbitration proceedings ignore section 16 of the Arbitration and Conciliation Act,1996, and deserve to be rejected under Order 7, Rule 11 as being barred by statute. The appellant herein filed an injunction suit before the trial court seeking to stop the Arbitration proceeding initiated …

Arbitration Court Tribunal Respondent Sec Act Appellant

Arbitration Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC

1 week, 6 days ago

Arbitration Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC

Live Law

The Calcutta High Court bench of Justice Shampa Sarkar has held that for an arbitration agreement to be binding, neither the applicable law nor the seat or venue needs to be mentioned. Observations The court noted that the arbitration clause provided that if the parties were unable to resolve the disputes mutually, the disputes shall be referred to the Vice …

Arbitration Court Parties Disputes Agreement Held Clause

Arbitral Awards Can Be Granted On The Basis Of Evidentiary Admissions: Delhi High Court

1 week, 6 days ago

Arbitral Awards Can Be Granted On The Basis Of Evidentiary Admissions: Delhi High Court

Live Law

The Delhi High Court bench of Justice Prateek Jalan has observed that the power to pass an award on admissions is wide, and evidentiary admissions can also form the basis of an arbitral award. However, to hold that there is a bar on granting an award of admissions in the case of evidentiary admissions would be inconsistent with the text …

Court Parties Admissions Tribunal Respondent Cpc Award

Arbitration Clause Cannot Be Invoked Again Over Matters Which Have Already Been Adjudicated: Karnataka High Court

2 weeks, 2 days ago

Arbitration Clause Cannot Be Invoked Again Over Matters Which Have Already Been Adjudicated: Karnataka High Court

Live Law

The Karnataka High Court has said the Arbitration clause in the lease agreement cannot be invoked for matters that have already been adjudicated upon and concluded by both the Arbitral Tribunal and the competent courts. The respondent challenged the award before the jurisdictional District and Sessions Court under Section 34 of the Arbitration and Conciliation Act, 1996, which set aside …

Arbitration Court Proceedings Act Set Kar Award

[Arbitration Act] To Prove Corruption Of The Arbitrator, It Should Be Evident From The Award Itself That He Tried To Curb The Course Of Justice

2 weeks, 2 days ago

[Arbitration Act] To Prove Corruption Of The Arbitrator, It Should Be Evident From The Award Itself That He Tried To Curb The Course Of Justice

Live Law

The Calcutta High Court Bench of Justice Shampa Sarkar has observed that if the subject matter of the arbitral proceedings or making of the award was affected or induced by fraud or corruption, then an unconditional stay of award can be granted. However, such corruption must be prima facie evident from the award itself and an honest mistake or erroneous …

Corruption Arbitration Court False Statements Respondent Award Making

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court

2 weeks, 5 days ago

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court

Live Law

The Jammu and Kashmir High Court held that a party could not be forced to accept an arbitrator who has a conflict of interest, as the same would violate the principles of a fair trial. The court, therefore, appointed a former District & Sessions Judge as the independent sole arbitrator, who would proceed to hear the dispute and pass a …

Arbitration Dispute Court Registrar Cooperative Societies Petitioner Arbitrator

Madras High Court orders attachment of Sivaji Ganesan's property over movie loan default

2 weeks, 5 days ago

Madras High Court orders attachment of Sivaji Ganesan's property over movie loan default

New Indian Express

CHENNAI: Failure of repayment of money borrowed for producing a movie has landed the son and grandson of veteran actor Sivaji Ganesan in trouble as the Madras High Court has ordered attachment of part of the actor’s bungalow at South Boag Road in T Nagar, Chennai. The order was passed recently by Justice Abdul Quddhose on an execution petition filed …

Sivaji Ganesan Orders Attachment

Supreme Court Annual Digest 2024 [Arbitration And Conciliation Act]

3 weeks ago

Supreme Court Annual Digest 2024 [Arbitration And Conciliation Act]

Live Law

Section 33 - Although the Arbitral Tribunal becomes functus officio after passing an award, it would still retain the limited jurisdiction to clarify or correct errors in an award. Ltd. v. Kamarajar Port Ltd, 2024 LiveLaw 852 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

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Arbitral Award Not Signed By All Members Of Tribunal Can Be Set Aside If Reasons For Omission Of Missing Signature Are Not Stated: Delhi High Court

3 weeks, 2 days ago

Arbitral Award Not Signed By All Members Of Tribunal Can Be Set Aside If Reasons For Omission Of Missing Signature Are Not Stated: Delhi High Court

Live Law

The Delhi High Court Bench of Justice Prateek Jalan has observed that the signature of all members of the arbitral tribunal should be available on the award as the signing of an award is not a ministerial act but a substantive requirement. The requirement is referable to the need to ensure that all members of the tribunal have had an …

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Mere Non-Mentioning Of Place Of Arbitration In Arbitral Award Does Not Vitiate It: Allahabad High Court

3 weeks, 4 days ago

Mere Non-Mentioning Of Place Of Arbitration In Arbitral Award Does Not Vitiate It: Allahabad High Court

Live Law

The Allahabad High Court has held that mere non-mentioning of the place of arbitration in the arbitral award does not vitiate it. Per contra, counsel for Motilal Nehru National Institute of Technology, Allahabad challenged the order of the Commercial Court on grounds that the award was not dealt with on its merits. “Once the agreement between the parties in this …

Arbitration Court Commercial Award Allahabad

Plea That Signed Copy Of Award Was Not Received Cannot Be Raised For First Time In Appeal U/S 37 Of Arbitration Act: Gujarat High Court

1 month ago

Plea That Signed Copy Of Award Was Not Received Cannot Be Raised For First Time In Appeal U/S 37 Of Arbitration Act: Gujarat High Court

Live Law

The Gujarat High Court bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi has held that the plea that limitation period for challenging the award under section 34 of the Arbitration and Conciliation Act, 1996 did not start as the signed copy of the award was not received by the party, cannot be raised for the first time in …

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Supreme Court Upholds Govt's Power To Withdraw Promise Of Rebate In Larger Public Interest

1 month, 1 week ago

Supreme Court Upholds Govt's Power To Withdraw Promise Of Rebate In Larger Public Interest

Live Law

While upholding the Goa Government's order to recover the previously granted electricity tariff rebates from several industrial companies, the Supreme Court today reaffirmed the government's power to withdraw or modify economic incentives in the interest of public finances. The Court held that the doctrine of promissory estoppel cannot be rigidly enforced in situations where the government's promises to provide incentives …

Supreme Court Goa Court Public Interest Interest State Public

Interest May Be Denied To Party Who Abused Judicial Process : Supreme Court

1 month, 1 week ago

Interest May Be Denied To Party Who Abused Judicial Process : Supreme Court

Live Law

While interest is usually granted as per Section 34 of the Civil Procedure Code in commercial disputes to account for the time value of money, the Supreme Court clarified that it may be denied in cases where a party's conduct breaches contractual obligations and undermines judicial authority. A bench of Justices Surya Kant and Ujjal Bhuyan denied interest on the …

Court Interest Limited Appellant Adv Denied Section 34

Decide On Uniformity In Interest Rate For Delayed Payment Of Retiral Benefits: Delhi High Court To CAT

1 month, 1 week ago

Decide On Uniformity In Interest Rate For Delayed Payment Of Retiral Benefits: Delhi High Court To CAT

Live Law

The Delhi High Court has directed the Chairman of the Central Administrative Tribunal to decide on the issue of uniformity in judicial orders passed by the Tribunal in respect of the rate of interest to be awarded on delayed payment of retiral benefits by the Municipal Corporation of Delhi, by constituting an appropriate bench for the matter. A division bench …

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Award Cannot Be Set Aside When No Objections Were Raised Before Arbitrator Or Court U/S 12(5) Of Arbitration Act: Delhi High Court

1 month, 1 week ago

Award Cannot Be Set Aside When No Objections Were Raised Before Arbitrator Or Court U/S 12(5) Of Arbitration Act: Delhi High Court

Live Law

The Delhi High Court bench of Justices C. Hari Shankar and Ajay Digpaul held that the award cannot be set aside solely on the ground that the appointment of the Arbitrator was illegal in view of section 12 of the Arbitration and Conciliation Act when no such objections were raised before the Arbitrator or the court under section 34 of …

Arbitration Court Appellants Act Appointment Raised Arbitrator

Person Accused Of Vandalising Property Upon Trespass Can Be Asked To Deposit Damages As Condition To Grant Bail: Kerala High Court

1 month, 1 week ago

Person Accused Of Vandalising Property Upon Trespass Can Be Asked To Deposit Damages As Condition To Grant Bail: Kerala High Court

Live Law

The Kerala High Court has held that a person booked for committing mischief under Section 324 of BNS along with house-trespass under Section 333 of BNS, can be asked to deposit an amount in accordance with the damage allegedly caused by him, as a condition precedent to bail. The High Court ordered that the Court can direct the accused to …

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Prisoner Can Be Granted Ordinary/Emergency Leave During Pendency Of Criminal Appeal Provided He Is Not Facing Trial In Any Other Case: Madras HC

1 month, 1 week ago

Prisoner Can Be Granted Ordinary/Emergency Leave During Pendency Of Criminal Appeal Provided He Is Not Facing Trial In Any Other Case: Madras HC

Live Law

The Madras High Court has recently clarified that a prisoner could be granted ordinary or emergency leave while an appeal is pending before the High Court or a Special Leave petition is pending before the Apex Court. The court however clarified that if the prisoner is facing trial in any other case, the prison authorities could reject his leave application …

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'Oral Undertaking Falls Within Scope Of Arbitration Clause' : Supreme Court Upholds Award Against Husband For Operation In Wife's Demat Account

1 month, 1 week ago

'Oral Undertaking Falls Within Scope Of Arbitration Clause' : Supreme Court Upholds Award Against Husband For Operation In Wife's Demat Account

Live Law

The Supreme Court today held that an oral contract undertaking joint and several liability falls within the scope of an arbitration clause. Holding so, the Court affirmed an arbitral award against a husband, finding him jointly liable for the award due to a debit balance in a joint demat account registered in his wife's name. 2's account based on an …

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

1 month, 1 week 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 …

Court Award Petitioner Execution Proceedings Signed Arbitral Award

Power Of Court To Modify An Arbitral Award – A Legal Quagmire

1 month, 1 week ago

Power Of Court To Modify An Arbitral Award – A Legal Quagmire

Live Law

The issue whether courts can modify arbitral awards in exercise of their powers under Sec. 34 is modelled on the UNCITRAL Model Law on International Commercial Arbitration, 1985 under which no power to modify an award is given to the court hearing a challenge to an award. 34, ACA does not empower the court to modify an arbitral award passed …

Court Power Sec Award This Issue Aca Arbitral

Courts Empowered To Impose Cost But It Shouldn't Be Unbearable, Registry Insisting On Deposit Denies Litigant's Right To Appeal: Gujarat HC

1 month, 1 week ago

Courts Empowered To Impose Cost But It Shouldn't Be Unbearable, Registry Insisting On Deposit Denies Litigant's Right To Appeal: Gujarat HC

Live Law

Perusing the trial court order imposing costs, Justice Maulik J Shelat observed “ It is required to be noted that the trial court, while imposing a cost of 25,000, has not reached to the conclusion ₹25,000 to be paid to the District Legal Services Authority, that the review application filed by the petitioner is vexatious or false. It is deplorable …

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Arbitral Award Can't Have Specific Format; Reasoning Must Be 'Proper', 'Intelligible' And 'Adequate' : Madras High Court

1 month, 2 weeks ago

Arbitral Award Can't Have Specific Format; Reasoning Must Be 'Proper', 'Intelligible' And 'Adequate' : Madras High Court

Live Law

The Madras High Court bench comprising Justice K..R. Shriram and Justice Senthilkumar Ramamoorthy have observed that an arbitral award does not have to follow any specific format; just as every judge writes their judgment in a particular style, arbitrators also write in different styles. Brief Facts The Appellant filed the appeal challenging an order dated 26.4.2023 passed by a Single …

Court Documents Act Award Raised Appellant Section 34

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court

1 month, 2 weeks ago

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court

Live Law

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that Construction of the terms of the contract is primarily for the arbitrator to decide, unless it is found that such a construction is not at all possible. It is the case of the petitioner that the Supreme Court in 'ONGC v. Afcons Gunanusa JV' held that unilateral …

Contract Construction Court Parties Respondent Award Terms

Govt Authority Must Furnish Security Before Getting Stay On Award U/S 36(3) Of A&C Act, No Special Treatment Can Be Given: Calcutta High Court

1 month, 2 weeks ago

Govt Authority Must Furnish Security Before Getting Stay On Award U/S 36(3) Of A&C Act, No Special Treatment Can Be Given: Calcutta High Court

Live Law

The Calcutta High Court bench of Justice Shampa Sarkar has held that special treatment cannot be given to the government while hearing a petition seeking stay on the enforcement of the award under section 36 of the Arbitration Act. Per contra, the respondent placed reliance on the Supreme Court judgment in Pam Developments Private Limited Vs. State of West Bengal …

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[A&C Act] Non-Payment Of Part Of Mutually Agreed Amount After Settlement Of Dispute Not An Arbitrable Issue Under Arbitration Agreement: Andhra Pradesh HC

1 month, 2 weeks ago

[A&C Act] Non-Payment Of Part Of Mutually Agreed Amount After Settlement Of Dispute Not An Arbitrable Issue Under Arbitration Agreement: Andhra Pradesh HC

Live Law

The Andhra Pradesh High Court has upheld the dismissal of an application filed under section 8 of the Arbitration and Conciliation Act, holding that once an amount has been mutually decided by the parties, the dispute itself is resolved and no arbitrable issue remains for consideration. A Division Bench of Justice Ravi Nath Tilhari and Justice V. Srinivas pointed out …

Arbitration Dispute Court Agreement Tribunal Bench Plaintiff

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 …

Court Held Limited Ground Award Execution Petitioner

Transferee Pendente Lite Not Entitled To Get Impleaded In Suit As A Matter Of Right : Supreme Court Summarises Principles

1 month, 3 weeks ago

Transferee Pendente Lite Not Entitled To Get Impleaded In Suit As A Matter Of Right : Supreme Court Summarises Principles

Live Law

The Supreme Court today ruled that a pendente lite transferee has no automatic right to be impleaded in a suit. Thirdly, there is no absolute rule that such a transferee pendente lite, with the leave of the Court should, in all cases, be allowed to come on record as a party; iv. Eighthly, a transferee pendente lite, being an assignee …

Supreme Court Appeal Property Court Right Suit Cpc

Arbitration Act | Appellate Courts Can't Reassess Awards, Must Limit Enquiry On Public Policy Breach : Supreme Court

1 month, 3 weeks ago

Arbitration Act | Appellate Courts Can't Reassess Awards, Must Limit Enquiry On Public Policy Breach : Supreme Court

Live Law

The Supreme Court reaffirmed that arbitral awards should only be interfered with in cases of perversity, violation of public policy, or patent illegality. It emphasized that appellate courts cannot reassess the merits of awards and must limit their inquiry to whether the award breaches Section 34 of the Arbitration Act i.e., if the award is against the public policy of …

India Policy Supreme Court Court Public Policy Patent Illegality Public

Arbitral Tribunal Not Bound By Strict Rigors Of CPC, Amendment Permissible At Any Stage Of Proceedings: Jharkhand High Court

1 month, 3 weeks ago

Arbitral Tribunal Not Bound By Strict Rigors Of CPC, Amendment Permissible At Any Stage Of Proceedings: Jharkhand High Court

Live Law

The Jharkhand High Court Bench of Justice Gautam Kumar Choudhary has held that the power under Articles 226 and 227 of the Constitution can be invoked for interfering with an interim order only in exceptionally rare cases. Additionally, the court held that Arbitral Tribunals are not bound by the strict rigours of CPC and an amendment is permissible at any …

Constitution Court Order Amendment Cpc Petitioner Advocate

S. 16 Arbitration Act | Challenge To Arbitral Tribunal's Jurisdiction Impermissible After Submitting Statement Of Defence : Supreme Court

2 months ago

S. 16 Arbitration Act | Challenge To Arbitral Tribunal's Jurisdiction Impermissible After Submitting Statement Of Defence : Supreme Court

Live Law

The Supreme Court affirmed the principle that the jurisdiction of the arbitral tribunal cannot be challenged after the submission of the statement of defence. A bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing a case in which the respondent had objected to the jurisdiction of the Arbitral Tribunal after submitting its statement of defence. Taking reference to …

Jurisdiction Court Statement Tribunal Respondent Arbitral Its Statement

Can Arbitral Awards Be Modified Under S. 34 & S.37 Of Arbitration Act? Supreme Court Refers To 5 Judge Bench

Trending News

2 months ago

Can Arbitral Awards Be Modified Under S. 34 & S.37 Of Arbitration Act? Supreme Court Refers To 5 Judge Bench

Live Law

The Supreme Court today referred to a 5 judge constitution bench the issue of whether Courts have the power to modify an arbitral award under S. 34 and 37 of the Arbitration and Conciliation Act, 1996. Viswanathan, and Sandeep Mehta referred to the larger bench the question of whether the courts have the power to modify the arbitral award under …

Supreme Court Awards Court Power Judge Act Bench

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court

2 months ago

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court

Live Law

A Delhi High Court Bench of Justice Navin Chawla and Justice Shalinder Kaur held that the District Judge should not have decided the issue related to the existence of an arbitration agreement ex-parte, without calling upon the respondent to give its stand on the same. The District Judge dismissed the petition and held that the arbitration agreement contained in the …

Arbitration Court Judge Agreement Respondent District Appellant

Arbitration Act | Courts' Jurisdiction Under Sections 34 and 37 Do Not Extend To Modifying Arbitral Award: Supreme Court Reiterates

2 months ago

Arbitration Act | Courts' Jurisdiction Under Sections 34 and 37 Do Not Extend To Modifying Arbitral Award: Supreme Court Reiterates

Live Law

Recently, the Supreme Court affirmed the principle laid down in National Highways Authority of India vs. M. Hakeem & Another that the jurisdiction of the Courts under Sections 34 and 37 of the Arbitration & Conciliation Act, 1996 will not extend to modifying an arbitral award.The bench comprising Justices PS Narasimha and Manoj Misra was hearing the case dealing with …

Supreme Court Arbitration Compensation Case Supreme Act Award

MSMED Act | Is Writ Maintainable Against MSEFC Award? Can MSEFC Members Act As Arbitrators ? Supreme Court Refers To Larger Bench

2 months ago

MSMED Act | Is Writ Maintainable Against MSEFC Award? Can MSEFC Members Act As Arbitrators ? Supreme Court Refers To Larger Bench

Live Law

The Supreme Court today opined that the party aggrieved by an order/award of the Micro and Small Enterprises Facilitation Council passed under Section 18 of the Micro, Small, and Medium Enterprises Development Act, 2006 can file a writ petition under Article 226 of the Constitution before the High Court. However, upon noting that a contrary view was expressed in the …

Supreme Court Writ Petition Court Act Limited Bench Adv

MSMED Act | Is Writ Maintainable Against MSEFC Award? Can MSEFC Members Act As Arbitrators ? Supreme Court Refers To Larger Bench

Trending News

2 months ago

MSMED Act | Is Writ Maintainable Against MSEFC Award? Can MSEFC Members Act As Arbitrators ? Supreme Court Refers To Larger Bench

Live Law

The Supreme Court today opined that the party aggrieved by an order/award of the Micro and Small Enterprises Facilitation Council passed under Section 18 of the Micro, Small, and Medium Enterprises Development Act, 2006 can file a writ petition under Article 226 of the Constitution before the High Court. However, upon noting that a contrary view was expressed in the …

Supreme Court High Court Writ Petition Constitution Act Limited Bench

Gratuity Cannot Be Forfeited For Employee Who Was Dismissed For Allegedly Misappropriating Funds Without Proper Proceedings: Karnataka HC

2 months ago

Gratuity Cannot Be Forfeited For Employee Who Was Dismissed For Allegedly Misappropriating Funds Without Proper Proceedings: Karnataka HC

Live Law

The Karnataka High Court has held that in case no proceedings have been initiated against a delinquent employee for recovery of the alleged losses caused to the public institution due to their misappropriation, the question of the employer retaining the gratuity amount of the dismissed employee and forfeiting the same, would not arise. Court emphasised that “Whenever any employee was …

Recovery Gratuity Respondent Proceedings Employee Corporation Kar

Award Passed After Inordinate And Unexplained Delay Can Be Set Aside U/S 34 Of Arbitration Act: Madras High Court

2 months ago

Award Passed After Inordinate And Unexplained Delay Can Be Set Aside U/S 34 Of Arbitration Act: Madras High Court

Live Law

The Madras High Court bench of Justice P.B. Balaji has held that inordinate and unexplained delay in passing the arbitral award can be a ground to set it aside under section 34 of the Arbitration Act. The court noted that in Harji Engineering Works Private Limited v. Bharat Heavy Electricals Limited, the Delhi High Court while referring to the UNCITRAL …

Arbitration Court Delay Date Act Passing Award

PTCL Act does not apply to land regularised in favour of unauthorised occupant merely because beneficiary belongs to SC/ST: Karnataka High Court

2 months ago

PTCL Act does not apply to land regularised in favour of unauthorised occupant merely because beneficiary belongs to SC/ST: Karnataka High Court

The Hindu

Grant of government land to a person who was in unauthorised occupation of that land under the provisions of Karnataka Land Revenue Act, 1964, in the form of regularisation in favour of unauthorised occupant, cannot be treated as grant under Karnataka SC/ST Act, 1978, merely because the beneficiary belongs to SC/ST community, said the High Court of Karnataka. It thus …

Karnataka Court Land Act Person Grant Granted

Power To Correct Computation Error U/S 33 Of Arbitration Act Can Be Exercised Suo Moto If No Application Is Filed Within 30 Days: Calcutta HC

2 months ago

Power To Correct Computation Error U/S 33 Of Arbitration Act Can Be Exercised Suo Moto If No Application Is Filed Within 30 Days: Calcutta HC

Live Law

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that power to correct computation error in the award under section 33 of the Arbitration Act can be exercised suo moto by the Arbitral Tribunal when no application is filed to this effect within 30 days. Based on the above, the court concluded that “Accordingly, this Court comes to …

Security Court Work Risk Cost Tribunal Respondent

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court

2 months, 1 week ago

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court

Live Law

The Delhi High Court Bench of Justice Sachin Datta has held that it cannot entertain a writ petition challenging an arbitral award, and the petitioner should challenge the award by taking recourse to appropriate remedies under Section 34 of the Arbitration Act. Brief Facts: The present petition challenged an arbitral award passed pursuant to reference to arbitration under Section 18 …

Court Act Award Petition Petitioner Sole Arbitrator

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court

2 months, 1 week ago

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court

Live Law

The Patna High Court Bench of Chief Justice K. Vinod Chandran held that a clause that allows one party to unilaterally appoint a sole arbitrator gives rise to justifiable doubts as to the independence and impartiality of the arbitrator. Further, such a unilateral clause is exclusive and hinders equal participation of the parties in the appointment process of arbitrators. It …

Arbitration Court Parties State Act Clause Arbitrator

Pendency Of Civil Or Criminal Litigation Between Partners Cannot Estop Either Partner From Invoking Arbitration Clause: Punjab and Haryana HC

2 months, 1 week ago

Pendency Of Civil Or Criminal Litigation Between Partners Cannot Estop Either Partner From Invoking Arbitration Clause: Punjab and Haryana HC

Live Law

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that pendency of a civil and criminal litigation inter se partners, cannot estop one of the partners from invoking the arbitration clause or bar the reference of dispute for adjudication to an arbitrator for determination. It was also argued that petitioner responded by sending a reply dated …

Arbitration Dispute Court Parties Partners Notice Firm