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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Rural Infrastructure Development Private Limited – Appellant
Versus
Land Acquisition Officer and Sub-Divisional Officer, Thane – Respondent
| Table of Content |
|---|
| 1. invocation of arbitration due to procedural delays. (Para 1 , 2) |
| 2. details of prior arbitration proceedings and compensation. (Para 3 , 4 , 5 , 6) |
| 3. filing of petitions for substitution of arbitrators. (Para 7 , 8) |
| 4. arguments for and against court's jurisdiction and authority. (Para 9 , 10 , 11) |
| 5. analysis on the progress of arbitration proceedings. (Para 12 , 13 , 14 , 15 , 16) |
| 6. exploring the applicability of the arbitration act provisions. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 7. limits of section 11 and relevance to current arbitration. (Para 25 , 26 , 27 , 28) |
| 8. impact of section 29a on arbitrators' mandate. (Para 29 , 30 , 31 , 32) |
| 9. interplay of section 29a with state highways act. (Para 33 , 34 , 35) |
| 10. need for timely resolution under arbitration framework. (Para 36 , 37 , 38 , 39 , 40) |
| 11. critique of delays in arbitration process. (Para 41 , 42 , 43 , 44) |
| 12. legal jurisdiction and seat of arbitration. (Para 45 , 46) |
| 13. clarification of courts' jurisdiction based on arbitration agreement. (Para 47 , 48 , 49 , 50) |
| 14. confirmed seat of arbitration and related jurisdiction issues. (Para 51 , 52 , 53 , 54) |
| 15. court’s power to substitute arbitrator und |
The court affirmed that when arbitration fails to occur within statutory timelines, the court has the authority to substitute the arbitrator under Section 29A of the Arbitration and Conciliation Act,....
The High Court has jurisdiction to extend the mandate of arbitrators appointed under Section 11(6) of the Arbitration Act, ensuring adherence to party autonomy and minimal court intervention.
The High Court has jurisdiction to extend time for arbitration proceedings, provided the arbitrator was appointed by it, reflecting legislative intent requiring contextual interpretation of 'Court' i....
The High Court has exclusive authority to extend the mandate of an arbitrator appointed under Section 11 of the Arbitration & Conciliation Act, 1996, regardless of the pecuniary value of the claim.
The main legal point established in the judgment is that the District Court had jurisdiction to substitute the Arbitrator under Section 29-A of the Arbitration and Conciliation Act, 1996 in the absen....
The court affirmed that the term 'Court' under Section 29A of the Arbitration Act is exhaustively defined, limiting powers to specified civil courts, with definitive precedents clarifying that High C....
Section 29A of Arbitration Act inapplicable to arbitrations under Section 3G(5) of National Highways Act as special code; Central Government exclusive appointment overrides court extension/substituti....
The court clarified that applications for extending the mandate of an arbitral tribunal under Section 29A must be filed before the Principal Civil Court of original jurisdiction, not the High Court.
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