Skip to main content

Notice under Section 34(5) of the Amended Arbitration Act

In Bihar Rajya Bhumi Vikas Bank Vs. State of Bihar, the following questions were raised before the Hon'ble Patna High Court :-

i) If the principal civil Court is a tribunal, whether a writ of certiorari can be issued and if so, under what circumstances?

ii) Whether the provisions of Section 34(5) are mandatory or directory?

iii) Whether, while exercising jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996, the principal civil Court acts as a Civil Court of ordinary jurisdiction or as a mere Court or as a tribunal?

And the Hon'ble court held that :-

a) Principal civil court, while exercising powers under Section 34 of the Arbitration and Conciliation Act, 1996, is not a Court of civil judicature; rather, it only a tribunal with the trappings of Court.

b) Arbitration and Conciliation Act, 1996 – Section 34 (5) – The notice, as prescribed by Section 34 of the 1996 Act, is mandatory before proceeding with the filing of an application under Section 34 of the 1996 Act.

c) Arbitration and Conciliation Act, 1996 – Section 34 (5) – Whether an order, entertaining an application by omitting to serve advance notice on the opposite party by the application, would be amenable to Article 227 or 226 of the Constitution of India?

Comments

Popular posts from this blog

MACT - Permanent disability - calculate - compensation - Supreme Court - Part 2

1) C. K. Subramonia Iyer vs. T. Kunhikuttan Nair - AIR 1970 SC 376 2) R. D. Hattangadi vs. Pest Control (India) Ltd. - 1995 (1) SCC 551 3) Baker vs. Willoughby - 1970 AC 467 4) Arvind Kumar Mishra v. New India Assurance Co.Ltd. - 2010(10) SCALE 298 5) Yadava Kumar v. D.M., National Insurance Co. Ltd. - 2010 (8) SCALE 567) 5. The heads under which compensation is awarded in personal injury cases are the following : Pecuniary damages (Special Damages) (i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure. (ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising : (a) Loss of earning during the period of treatment; (b) Loss of future earnings on account of permanent disability. (iii) Future medical expenses. Non-pecuniary damages (General Damages) (iv) Damages for pain, suffering and trauma as a consequence of the injuries. (v) Loss of ...

SARFAESI-Right of tenant/lessee - Supreme Court

Cited: 1)  M/s Trade Well, a Proprietorship Firm, Mumbai & Anr. v. Indian Bank & Anr. [2007 CRI. L.J. 2544]   2)  C.B. Gautam v. Union of India & Ors. [(1993) 1 SCC 78] 3)  ICICI Bank Ltd. v. SIDCO Leathers Ltd. & Ors. [(2006) 10 SCC 452] 4) D elhi High Court in Shri Sanjeev Bansal v. Oman International Bank SAOG & Anr. 131 (2006) DLT 729  5) Madras High Court in Sree Lakshmi Products v. State Bank of India (AIR 2007 Madras 148) 6)  Sunita Jugalkishore Gilda v. Ramalal Udhoji Tanna (dead) through LRs. & Ors. [(2013) 10 SCC 258], Supreme Court 7)  Central Bank of India v. State of Kerala and Others [(2009) 4 SCC 94], Supreme Court  8) Authorised Officer, Indian Overseas Bank and Another v. Ashok Saw Mill [(2009) 8 SCC 366] , Supreme Court 9) United Bank of India v. Satyawati Tondon & Others [(2010) 8 SCC 110] , Supreme Court   10)  Oriental Bank of Commerce in Civil Appeal arising out of S.L.P. (C) ...

Full & Final payment - No dues certificate - end of contract

Whether after the contract comes to an end by completion of the contract work and acceptance of the final bill in full and final satisfaction and after issuance a `No Due Certificate' by the contractor Supreme Court of India Supreme Court of India R.L. Kalathia & Co. vs State Of Gujarat on 14 January, 2011 Author: P Sathasivam Bench: P. Sathasivam, B.S. Chauhan IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3245 OF 2003 R.L. Kalathia & Co Appellant(s) Versus State of Gujarat .... Respondent(s) JUDGMENT P. Sathasivam, J. 1) This appeal is directed against the judgment and final order dated 07.10.2002 passed by the Division Bench of the High Court of Gujarat whereby the High Court set aside the judgment and decree dated 14.12.1982 passed by the Civil Judge, (S.D.), Jamnagar directing the State Government to pay a sum of Rs.2,27,758/- with costs and interest and dismissed the Civil Suit as well as cross objections filed by the a...