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DHIRAJ SINGH THAKUR
Shree Swaminarayan Travels, represented by its proprietor Sri. Bhavikkumar, J. Patel, represented by General Power of Attorney holder Mr. Jashubhai Chhaganbhai Patel – Appellant
Versus
Oil Natural Gas Corporation Limited (represented by its CGM – Logistics) – Respondent
JUDGMENT :
(Dhiraj Singh Thakur, CJ.)
This is an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘the Act’) for reference of the disputes to an independent Arbitrator.
2. The case of the petitioner is that respondent No.1 i.e., M/s Oil and Natural Gas Corporation Limited called for tender for hiring of services of eight number of 25 seater AC shift buses for 24 hrs duty on regular monthly basis for a period of four years for carrying out the operations of respondent No.1. The petitioner claims that bid was submitted and was found successful where after an agreement was executed between the two, dated 08.04.2019.
3. Disputes are stated to have arisen between the parties in connection with and arising out of the contract in question. An amount of Rs.65,61,300/- is sought to be recovered from the petitioner?s subsequent bills. The recovery is stated to be effected in equal monthly instalments of Rs.4,10,081.25/- along with GST with effect from January, 2022 till the expiry of the contract period.
4. According to the petitioner, a letter, dated 28.03.2022, was addressed to the Deputy Chief Legal Adviser, ONGC, for referring th
An application for arbitration under Section 11(6) requires prior notice invoking arbitration; failure to comply with this requirement results in dismissal.
The main legal point established is the applicability of Section 11(6) of the Arbitration and Conciliation Act, 1996, in cases where a party fails to appoint an arbitrator within the stipulated time ....
Proper invocation of arbitration clauses is essential for claims to be valid; failure to do so results in dismissal of the petition.
The conciliation process in the contract agreement was not mandatory, and non-compliance did not bar the petitioner from invoking arbitration.
The court's decision emphasized the appointment of an arbitrator and the allowance of all contentions to be urged and contested in the arbitral proceedings.
Failure to appoint an arbitrator within the agreed timeframe under Arbitration Agreement allows the court to intervene and appoint an arbitrator under Section 11(6) of the Arbitration and Conciliatio....
A court, under sections 11(5) and (6) of the Arbitration and Conciliation Act, is obligated to appoint an arbitrator when a valid arbitration clause exists and the other party does not oppose the pet....
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
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