Back
DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
Zhejiang Bonly Elevator Guide Rail Manufacture Co. Ltd. – Appellant
Versus
Jade Elevator Components – Respondent
JUDGMENT
Dipak Misra, CJI.
In the instant arbitration petition, preferred under Section 11(5) of the Arbitration and Conciliation Act, 1996 (for brevity, “the Act”), the petitioner seeks for constitution of an arbitral tribunal with a sole arbitrator to adjudicate the claims of the petitioner under the Commission Processing Contract dated 11.09.2014 and to pass such further order as may be deemed fit and proper in the facts and circumstances of the case.
2. The petitioner, company incorporated under the laws of People”s Republic of China having its office at Sanquiao Village, Fuchun Street, Fuyang, China, is engaged in the business of, inter alia, exporting and supplying high quality elevator guiderails, fish-plates, accessories and allied goods. The respondent, a partnership firm based in India having its office at Plot No.455, Road No.11, “A” Cross Road, GIDC, Kathwada, Ahmedabad – 382430, Gujarat, is engaged in the business of supplying elevator components for use in the modernization of existing lifts and the new design of the elevator.
3. The contract, namely, Commission Processing Contract (hereinafter referred to as “the Contract”) was entered into between the parties on 11.09
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
