2001 (3) TMI 1086
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.... ab initio and a nullity, he has raised the following points:- i). East India Weaving Company had purchased the goods from the decree holder but there was no arbitration agreement between the two nor was any legal liability or obligation binding the judgment debtor by way or arbitration as the judgment debtor by way of arbitration was the judgment debtor by way of arbitration as the judgment debtor was not a member of Delhi Hindustani Mercantile Association. ii). That the award and proceedings are wholly and in gross violation of the law's mandate and Therefore both of them are a nullity and non est. 2. Admittedly the applicant/judgment debtor is one of the Directors of East India Weaving Company Limited. It is also not disputed th....
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....cisions on matters beyond the scope of the submission or arbitration: Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or v. The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this part from which the parties can not derogate or failing such agreement, was not in accordance with this part; or b) The court finds that- i) the subject matter of the dispute is not capable of settlement by arbitration under the law for the time....