Swami Sadashiva Brahmendra Sar
30 January 2010 at 23:52
Dear friends,
whether a petition under s. 11 (4) of Arbitration Act, 1996 before the Chief Justice for appointment of arbitrator without notice to other party for appointing the arbitrator is maintainable?
Swami Sadashiva Brahmendra Sar
30 January 2010 at 23:43
A petition for appointment of arbitrator u/s 11 (4)of Arbitration and Conciliation Act has been filed before the High Court. The petitioner has not annexed any proof of service of notice on other party for appointing the arbitrator.
Can I raise a preliminary objection that in absence of notice the petition is not maintainable? In other words, is notice for appointing the arbitrator a precondition for filing a petition before the High Court?
Swami Sadashiva Brahmendra Sar
30 January 2010 at 23:26
what is the latest amendment in Arbitration and Conciliation Act, 1996? Is there any amendment after 29.2.2004?
Anonymous
30 January 2010 at 15:12
Dear Sir,
we are entering a credit support provider agreement witween City Bank.
In the agreement word "ex aequo et bono" use in the arbitration clause but we can not understand exact meaning of the above.
Kindly explaine it.
regards,
Dheeraj
Anonymous
29 January 2010 at 17:49
there is a X company which is providing services to another Y company. Can the shareholders of the company bring in a stay order for not making payment to the the X company.
Is there any such stay order which can be given except in case of a legal proceeding
is the Y company liable to stop the payment even if there is no problem in services legally or performance wise and even if X company is not doing any forgery.
Anonymous
29 January 2010 at 17:27
After termination of agreement is Arbitration clause still valid
Ie Agreement signed in oct 2000,
valid for 3 years IE till SEp 2003.
after which agreement was not renewed.
though transaction carried out.
Transaction is also not of the period of agreement
NOw One party has filed a claim for arbitration after 6 years.
So Even after termination of agreement in 2003 is Arbitration clause still valid
Union of India vs. Kishorilal Gupta & Bros., 1960 (1) SCR 493.
Termination of an agreement arbitration clause would also cease to be operative
Learned Attorney General submitted that, as to when on termination of an agreement, arbitration clause would also cease to be operative, has been well explained by a three- Judge Bench of this Court in Union of India vs. Kishorilal Gupta & Bros., 1960 (1) SCR 493. In that case Subba Rao, J., as he then was, speaking for the majority stated at pages 513 to 514 of the report that the discussion of the law on the subject led to the emergence of the following principles in this regard :
"(1) An arbitration clause is a collateral term of a contract as
distinguished from its substantive terms; but nonetheless it is an integral part of it;
(2) however comprehensive an
arbitration clause may be, the existence of the contract is a necessary condition for its operation, it perishes with the contract;
So Even after termination of agreement in 2003 is Arbitration clause still valid
Pradyumna Kumar Atri
29 January 2010 at 13:09
can a partnership firm apply for the IEC Code on the firm's name or do one of the partners have to apply on his name?
Pradyumna Kumar Atri
29 January 2010 at 13:05
can a partnership firm apply for the IEC Code on the firm's name or do one of the partners have to apply on his name?
Anonymous
29 January 2010 at 12:26
I have come across a transaction where aganist a genuine debt created for acquisition of a business, the company alloted its equity shares at par. It filed form 2 with RoC & showed it as a 'Cash Consideration'. RoC too has accepted it. Company feels it is in compliance with sec 75(1) of the act, read along with the circular dated 13/03/1978 issued by dept of company affairs.
I request if anyone can provide me any such case law where similar situation was held to be cash consideration.
Thanks.
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Stop Payment of Cheque
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