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Report No. 176

(33) Section 42: This section is proposed to be amended to refer to the forum for filing subsequent applications in all situations where the first of the applications is filed before a judicial authority under Section 8 or before any of the Courts referred to in Section 8 A or before the Supreme Court or the High Court under Section 11 seeking reference to arbitration.

The various proposed sub-sections of section 42 refer separately to the Court before which the subsequent applications, such as applications under sub-section (1) of Section 34 for setting aside the award etc, have to be filed.

Sub-section (1) of Section 42 is general, sub-section (2) refers to situations where the first application is filed before the Court in Section 2(1)(e), Sub-section (3) deals with the situations where the first application is filed before a judicial authority under Section 8, sub-section (4) deals with situations where the first application is filed before any of the Courts referred to in Section 8A and Sub-section (5) refers to the situations where the first application is filed before the Supreme Court or the High Court under Section 11, seeking reference to arbitration.

(paragraph 2.30.6)

(34) Section 42A: This section is proposed to be introduced to enable empanelment of arbitrators by the Chief Justice of India under a scheme to be framed by him subject to such conditions as he may specify.

(paragraph 2.31.2)

(35) Section 42B: This section is proposed to be introduced to neutralise the effect of the Maharastra amendment of 1984 to Section 69 of the Indian Partnership Act which amendment disabled partners of an unregistered firm to seek dissolution of the firm, settlement of accounts of the firm or realise the assets of the firm. Section 42B removes the disability in so far as it relates to the partners' right to seek the aforesaid relief's through arbitration proceedings.

(paragraph 2.32.3)



The Arbitration and Conciliation (Amendment) Bill, 2001 Back




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