M/s Odisha Mining Corporation Limited Vs Union of India, Ministry Of Micro, Small and Medium Enterprises
.... 8. Learned Senior Advocates appearing for the parties were heard on several occasions. Lengthy arguments were also made. In fact, after closure of the argument, the judgment was reserved on 2nd January, 2025. But at the time of preparation of the judgment, some clarification both on facts and ...
Orissa High Court
Bank Of India Vs M/s Sri Nangli Rice Mills Pvt. Ltd. & Ors
.... ly, unequivocally mentions that parties to dispute must have consented in writing for determination of such dispute by conciliation or arbitration and the provisions of that Act shall apply accordingly. There is no such written consent. 60. In Oriental Bank of Commerce (supra) the dispute ...
Supreme Court Of India
BVEPL Bhartia (JV) Vs State Of West Bengal And Ors
.... arbitration is necessary. Further, in the present case, the same clause 5, so far as the venue of arbitration is concerned, uses the word “shall”. The parties, in my view, must be deemed to have used the words “may” and “shall” at different places, after due deliberation. 23. A somewhat ...
Calcutta High Court (Original Side)
Dhananjai Lifestyle Limited Vs Sanvie Retail Private Limited
.... sion in Lalit Kumar Modi (supra), was on the proposition when, “shall” must be read as “may”. If the word “shall” is used in a statute, generally it is taken to be mandatory, but that does not necessarily mean that in every case, it shall have the same effect. In the given context, if the express ...
Calcutta High Court (Original Side)
M/s Oasys Cybernetics Pvt. Ltd Vs State Of H.P. & Anr
.... (5) of Section 12 has been inserted by the Parliament forseeing such contingencies and it has been prescribed under the Seventh Schedule that such of those relationship, which can be construed as raising a remote doubt with regard to the impartiality of the arbitrator should act as embargo for ...
High Court Of Himachal Pradesh
Ms Inox World Industries Pvt Ltd Vs IFFCO Tokio General Insurane Company Limited
.... respondent, it would amount to a finding that the petitioner’s claims have, by reasons of their repudiation by the respondent, been rendered non-arbitrable. Such a finding would amount to this Court pronouncing on the arbitrability of the dispute while acting as a referral court. That this Court ...
Delhi High Court
ASF Buildtech Private Limited Vs Shapoorji Pallonji And Company Private Limited
.... nd extent of judicial scrutiny of the courts which was required at the referral stage under Section 11 of the Act, 1996, before the subject matter could be referred to arbitration and an arbitral tribunal be constituted. 48. In Konkan Railway Corpn. Ltd. v. Rani Construction (P) Ltd ., (20 ...
Supreme Court Of India
Balasore Alloys Limited Vs Flynt Mining LLP
.... nstrued in accordance with the Indian laws and the courts of Kolkata shall have exclusive jurisdiction.” 19. The appraisal of the clause reveals that there is no reference to the word arbitration. However, the law has been well settled. Even if the word arbitration is not mentio ...
Calcutta High Court (Original Side)
State Of Uttar Pradesh And Another Vs R.K. Pandey And Another
.... not available on the record of the Municipal Board. The State Government, as is evident, has denied the existence of any such agreement. 19. The impugned judgment passed by the Division Bench of the High Court of Judicature at Allahabad dismissed the intra court appeal on the grounds that ...
Supreme Court Of India
Lifeforce Cryobank Sciences Inc Vs Cryoviva Biotech Pvt. Ltd. & Ors
.... e have heard learned counsel for the parties. 7. At the stage of considering an application for appointment of an arbitrator the Court is required to examine whether there exists an arbitration agreement between the parties. The existence of an arbitration agreement is not an issue. The iss ...
Supreme Court Of India
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