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Report No. 176

(32) Section 37A: This section is proposed to be introduced to enable the Court to dismiss in limini, an application under sub-section (1) of Section 34 (application to set aside the award) or any appeal (whether a regular appeal or an appeal against an interim order of the tribunal), even before notice is issued to the opposite party.

It is further proposed to provide that even in a case where notice is issued to the opposite party, the Court, at the time of the disposal of the above matters, will not interfere unless "substantial prejudice" is shown by the applicant or the appellant, as the case may be.

It is further provided that all applications and appeals are to be disposed of within 6 months of service on the opposite party. These provisions are introduced to avoid applications and appeals being automatically registered and kept pending by the Registry and being kept pending for years together, in the Courts.

(paragraph 2.29.11)



The Arbitration and Conciliation (Amendment) Bill, 2001 Back




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