Advocate Venkatesh Rao

Questions Answered by Advocate Venkatesh Rao

Q: District judge modifying the order under section 34 Arbitration Act

After setting aside the arbitration award under NH act 1956, should the district judge make/modify the award himself? Most judges are remanding back to the commissioner (arbitrator) . Please advis

Advocate Venkatesh Rao answered
Recently, the Supreme Court of India has ruled on the power of the court to relegate the parties to the arbitral tribunal, it has stated that when an award passed by the same arbitral tribunal has been set aside under Section 34 of the Arbitration and Conciliation Act 1996 (“Act”). The Supreme Court concluded that a court can relegate the parties to the arbitral tribunal, only if there is a specific written application from one party to this effect; and relegation has to happen before the arbitral award passed by the same arbitral tribunal is set aside by the court..

Q: Husband's address to ministry of eternal affairs for summons hearing

I have a 498A against my husband who has been in US. The court wants me to provide and address for ministry of external affairs where they can send letter asking my husband to be present for hearings. I need guidance on what address to provide to the court? They have my husbands last known address but want the ministry address as well so that letter can be sent through ministry.

Advocate Venkatesh Rao answered
well, you need to provide the address of the ministry of external affairs of that particular state where your husband is presently living as well as his current address . lets assume for the sake of example that your husband lives in Boston; then you will have to provide his address in the state of Massachusetts and also that of the the ministry of external affairs relevant to the state of Massachusetts for Boston city, so that the same is served on him via official means from the ministry here to the concerned ministry there and then from there to your husband.