Counter-Claim against Co-Defendant.....?

Counter - Claim against Co - defendant....!

                                 

- Basically counter claim may be filed against plaintiff if any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired.

- Counter claim may be filed in respect of any relief.

- It be filed along with written statement or after filing of it with permission of court.

- It be filed against plaintiff but in which relief can be claimed against co defendant along with plaintiff.

- Counter claim solely against co defendant is not maintainable in the eyes of law.

== Relevant Provision ==

-Order 8 Rule 6A of C.P.C.

= Relevant Judgement =

- Rohit Singh & Ors v/s State of Bihar A.I.R.2007 S.C.10= 2006 SAR 85.

- Communidade of Pirla v/s Government of Goa 2010(6) M.L.J.433.

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Arbitration - Award - interim measures....

Arbitration - Award - Interim measures........... !

                             

       

                                  

- For arbitration basically clause of arbitration required in the agreement between the parties.

- Arbitration agreement means patties to agreement to submit all or certain disputes between them to arbitration.

- Arbitration agreement shall be in writing , signed by parties.

- An exchange of letter , telex , telegram , telecommunication , statements , claim defence in which existence of agreement alleged by one party and not denied by other is an arbitration agreement.

- Civil court have no jurisdiction in respect of arbitration agreement but refer dispute to arbitration.

- A party to arbitration agreement may before or during arbitral proceeding or at any time after the making of the arbitral award but before it's enforcement according to section 36 may apply to a court for interim measures like appointment of guardian , preservation , interim custody ,  sale  of subject matter , securing amount, detention, preservation, inspection of subject matter, interim injunction , appointment of receiver, other interim measure of protection which are just , convenient.

- The parties to arbitration agreement may appoint arbitrator as per agreement.

- If parties to agreement fails to appoint arbitrator as per agreement then chief justice of India , different high courts , designated judges of high or supreme court have jurisdiction to appoint arbitrator.

- Arbitration award may challenged by filing application for setting aside before district court within 3 months.

- But after above 3 months within further 30 days application for setting aside award may be entertained if sufficient cause is shown but not thereafter.

= Relevant Provision = =

- Section 1 to 36 of The Arbitration and Conciliation Act 1996.

=== Relevant Judgement =

-Dakshin Haryana Bijili Vitran Nigam Ltd. v/s M/S Navigant Technologies Pvt. Ltd. 2021 SAR 369.

- Greaves Cotton Ltd v. United Machinery and appliance 2017 SAR 183.

- Mrs Hema v. Shiv Khera 2017 SAR 627.

- Suresh Dhanuka v. Sunita Mohapatra 2012 SAR 119.

- Yograj Infras v. SSAMG Yong Eng & Construction Co. Ltd 2012 SAR 200.

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