M/S Arif Azim Co. Ltd Vs M/S Aptech Ltd
.... omplying with the requirements mentioned in such notice. 57. This Court in Utkal Commercial Corporation v. Central Coal Fields Ltd. reported in (1999) 2 SCC 571 while determining a similar question in relation to the Arbitration Act, 1940 held thus: “6. Therefore, the time for the pu ...
Supreme Court Of India
M/S S.D. Shinde Tr. Partner Vs Govt. Of Maharashtra & Ors
.... State’s argument is that the concurrent findings are justified, both on the ground that the claim was time-barred and also on the ground that the letter and condition for initiating arbitration, i.e., claiming amounts within 30 days after the expiry of the defects liability period and that they ...
Supreme Court Of India
Web Overseas Limited Vs Universal Industrial Plants Manufacturing Company Private Limited
.... e withheld institution of an action in respect of its counter-claims. 41. It was contended by the learned counsel for the respondent that the appellant had disputed the existence of the contract and therefore, would not have consented to the disputes relating to the counter-claim being ref ...
Delhi High Court
V K Dewan & Co. Vs Delhi Jal Board & Anr.
.... 28/2003 relating to the work order dated 3-5-1985, the respondent has stated that final bill was handed over and became due on 10-8-1989. This has not been disputed by the appellant. Hence the limitation period ended on 10-8-1992. Since the appellant served notice for appointment of arbitrator ...
Delhi High Court
Jaideep Singh Vs Government Of Nct Of Delhi & Ors
.... 7 disputing the demands made. 13. In the above view of the matter, it cannot be said that the present petition is time-barred or that claims are ex-facie time-barred. 14. A brief reference to the settled legal position as to reference to arbitration when claims are alleged to be time ...
Delhi High Court
Huawei Telecommunications (India) Co. Pvt. Ltd. & Anr. Vs Wipro Limited
.... n in accordance with the Arbitration and Conciliation Act, 1996 and conducted by a single Arbitrator to be appointed by the Parties by mutual consent. The cost of the arbitration shall be shared by the Parties. The place of the arbitration shall be New Delhi, India. The arbitration proceedings s ...
Delhi High Court
Secunderabad Cantonment Board Vs M/S B. Ramachandraiah & Sons
.... xxx xxx xxx 29. Moreover, in a commercial dispute, while mere failure to pay may not give rise to a cause of action, once the applicant has asserted their claim and the respondent fails to respond to such claim, such failure will be treated as a denial of the applicant's claim giving ...
Supreme Court Of India
P. Tarachand Vs Seshamal M Jain
.... . Repeal and saving:- 1[xxxx] 85 (2) Notwithstanding such repeal,- (a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this Act came into force unless otherwise agreed by the parties but this Act Shall apply in relation to a ...
Karnataka High Court
M/s New Engineering Enterprises Vs Indian Overseas Bank And Others
.... e of Shyam Sunder Agarwal and Company Vs Union of India, (1996) 2 SCC 132 , has held that a revision application before the High Court against an appellate order passed under Section 39 of the Arbitration Act is maintainable. There is no express provision in the Arbitration Act putting an embar ...
Uttarakhand High Court
Kidde India Vs NTPC
.... sted Receivables to Vijay Associates on the terms and conditions herein contained. NOW THIS DEED WITNESSETH 1. In consideration of Vijay Associates paying a sum of Rs……. (not readable) The receipt whereof is hereby acknowledged by the Company, the Company as the beneficial owner of th ...
Delhi High Court
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