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India Case Law

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Arbitration law

UNION OF INDIA versus PARMAR CONSTRUCTION COMPANY

The High Court was not justified in appointing an independent arbitrator without resorting to the contractually agreed procedure for appointment as per clause 64(3). Emphasis must be placed on adhering to the arbitration agreement; since the notice invoking arbitration was issued before the Amendment Act, 2015 came into force, the old Act applies.

Source excerpt

  • Arbitrator appointment
  • No claim certificate
  • Procedure under arbitration agreement
  • Applicability of arbitration and conciliation (amendment) act, 2015
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Civil procedure

SANJEEV KUMAR JAIN versus RAGHUBIR SARAN CHARITABLE TRUST & ORS.

High Court could not award to respondents costs exceeding the scale prescribed in the Schedule to the Rules, as doing so is contrary to both the Rules and Section 35 of CPC which makes award of costs subject to limitations and conditions prescribed by law. Therefore, the High Court's award of actual litigation expenses as costs in appeal was unwarranted and contrary to law; only costs as per Rules plus Rs. 3000 as exemplary costs could be awarded.

Source excerpt

  • Costs
  • Court fees
  • Interim orders
  • Arbitrator appointment
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Arbitration

EASTERN COALFIELDS LTD. versus SANJAY TRANSPORT AGENCY & ANR.

Clause 14 of the agreement applies only to disputes between Public Sector Enterprises inter se and between Public Sector Enterprises and Government Departments, not to disputes involving private parties. Thus, the High Court's appointment of an arbitrator was improper.

Source excerpt

  • Arbitrator appointment
  • Interpretation of statutes
  • Limitation
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Arbitration law

NATIONAL HIGHWAYS AUTHORITY OF INDIA AND ANR. versus BUMIHI WAY DOB LTD. (JV) AND ORS.

The High Court's appointment of the Presiding Arbitrator was set aside because Section 11(6) can only be invoked after default by the party or institution responsible under the arbitration agreement. The agreed contractual procedure for appointment was not exhausted, making High Court's jurisdiction assumption premature and erroneous.

Source excerpt

  • Arbitrator appointment
  • Arbitral tribunal procedures
  • Jurisdiction of courts in arbitration
  • Arbitration and conciliation act, 1996
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Arbitration

UNION OF INDIA versus M/S. POPULAR BUILDERS, CALCUTTA

Where the final bill is accepted without protest, no arbitrable dispute exists; an award made on such a claim is bad and must be set aside to that extent, while other claims not objected to remain valid.

Source excerpt

  • Arbitral award
  • Existence of dispute
  • Arbitrator appointment
  • Final bill acceptance
  • Challenge to award
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.