Law: Arbitration Act, 1940

Section: 34,20,41

Law: Contract, Act, 1872

Section: 39,72,73

(a) Arbitration Act (X of 1940) S.34Stay of legal proceedingsPrincipleStay of proceedings is subject to the condition that applicant i.e. the party filing an application under S.34 of Arbitration Act, 1940, was at the time of proceedings commenced and still remains ready and willing to do all things necessary to the proper conduct of arbitration. (b) Arbitration Act (X of 1940) Ss. 20 41 Procedure and power of Court Scope Provisions of S.41 of Arbitration Act, 1940, are available to a party which itself is conceding to and willing to go for arbitration and not by way of suit for declaration under ordinary jurisdiction of Court Such provision, at the best be available to a party who has come before Court under S.20 of Arbitration Act, 1940, showing its willingness and readiness to go for arbitration and applies to Court for appointment of arbitrator pursuant to arbitration clause and at the same time seeks assistance of Court to exercise its discretion conferred under S.41 of Arbitration Act, 1940Not that firstly a party to arbitration agreement files an ordinary suit for declaration and injunction and when defendant comes up with an application under S.34 of Arbitration Act, 1940, then a shelter could be sought under S.41 of Arbitration Act, 1940. (c) Contract Act (IX of 1872) Ss.39, 72 73Agreement, termination ofPrincipleAgreement cannot continue for life time or indefinite period If a party is unable to perform its part of agreement, then disability of such party itself results into termination of agreement. (d) Specific Relief Act (I of 1877) S.21 Service agreement Enforcement of such agreement is barred under S.21 of Specific Relief Act, 1877. (e) Arbitration Act (X of 1940) S. 41Powers of Court Interim orders Arbitration proceedings Scope No jurisdiction and discretion under S.41 of Arbitration Act, 1940, has been conferred upon Court to pass interim orders Such proceedings are only applicable in respect of arbitration proceedings before Court Arbitration Act, 1940 is a special law and is a complete code in itself Use of words arbitration proceedings were not to be so stretched to include all proceedings before the Court like an ordinary civil suit as…

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