Back
R. SUBRAMANIAN, R. SAKTHIVEL
Geojit Financial Services Ltd. – Appellant
Versus
S. Gomathi Nayagam – Respondent
JUDGMENT :
R.SUBRAMANIAN, J.
Prayer in O.S.A.No.288 of 2020:
Original Side Appeal filed under Section 13 of the Commercial Courts Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 read with Order XXXVI Rule 9 of the Original Side Rules and Clause 15 of the Letters Patent, praying to set aside the order dated 23.01.2020 in O.P.No.266 of 2014 and thereby set aside the Arbitral Award dated 29.01.2013 in Arbitration Matter (A.M.) No.CM/C-0034/2012 and confirmed by the Appellate Tribunal vide Appellate Arbitral Award dated 25.11.2013 in Arbitration Appeal Matter (A.M.) No.: CM/C-0034/2012.
Prayer in O.S.A.No.289 of 2020: : Original Side Appeal filed under Section 13 of the Commercial Courts Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 read with Order XXXVI Rule 9 of the Original Side Rules and Clause 15 of the Letters Patent, praying to set aside the order dated 23.01.2020 in O.P.No.267 of 2014 and thereby set aside the Arbitral Award dated 29.01.2013 in Arbitration Matter (A.M.) No.CM/C-0038/2012 with respect to dismissing the claims of the appellant which was confirmed by the Appellate Tribunal vide Appellate Arbitral Award dated
The court established that a notice of sale of pledged goods must convey a clear intention to sell, and that the failure to execute an award against a principal debtor does not negate the creditor's ....
The court reaffirmed that under Section 34 of the Arbitration and Conciliation Act, 1996, the scope for judicial interference with arbitral awards is limited, focusing on procedural compliance and th....
The main legal point established is the requirement for arbitral awards to be reasoned and based on credible evidence, and the court's limited scope of interference with arbitral awards.
Point of Law : In the light of Section 19 of the Act, arbitral tribunals are not bound by the provisions contained in the Code of Civil Procedure.
The grounds available under Section 34 of the Arbitration and Conciliation Act are very limited and the Court cannot vary or set aside the award on the ground that a different interpretation is possi....
The court emphasized the importance of affording parties the opportunity to present their views on vital documents and the consideration of all relevant evidence by the Arbitral Tribunal, as failure ....
An arbitral tribunal, while adjudicating an application for interim protection under Section 17, does not determine the lis between the parties.
The court emphasized that an award should not be made in contravention of statutory provisions and should consider evidence and admissions. The court also highlighted the principle of severability of....
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
