In Taluka Co-operative Education Society Ltd. Vs. State of Maharashtra and Ors., the High Court of Bombay held that In case of a Society, the will of majority of the members of Society is supreme. If they decide to get themselves not to be governed by the Maharashtra Cooperative Societies Act and to be governed only by provisions of Maharashtra Public Trust Act, there is nothing wrong. The decision deserves to be respected subject to verification of the facts and following the due procedure.
Court approached in the early stages of arbitration will prevail in all other subsequent proceedings
In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.
Comments
Post a Comment