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MANISH PITALE
Deccan Paper Mills Co. Limited through Mr. Rahul Nainesh Mehta – Appellant
Versus
Regency Mahavir Properties – Respondent
JUDGMENT :
By this petition, filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, the petitioner has approached this Court seeking appointment of a sole arbitrator for resolution of disputes between the parties.
2. The learned counsel for the petitioner has handed over an affidavit of service showing that the respondent No.2 was served by Courier as well as by email. In the order dated 7/12/2022, it was inadvertently recorded that the learned counsel representing the respondent No.1 was also representing respondent No.2, but it is clarified by the learned counsel for respondent No.1 that he has no instructions to appear on behalf of respondent No.2. In any case, service is affected on the respondent No.2, but it has chosen not to appear before this Court. The respondent Nos.1 and 3 are duly represented by counsel.
3. The brief facts leading up to filing of this petition are that the parties entered into an agreement dated 27/4/2002, whereby development rights were granted to respondent No.2, to develop the property of the petitioner. The agreement was signed between the petitioner and the respondent No.2. The documents on record further show that by agreement dated
The Court clarified that deletion of a party from proceedings under Section 9 of the Arbitration and Conciliation Act does not preclude the invocation of the arbitration clause against the deleted pa....
The main legal point established in the judgment is that the attempt to invoke arbitration must be maintainable, and in this case, the court found that the petitioner No.1's attempt was not maintaina....
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the agreed procedure in the contract. If the appointment is not in line with the a....
A unilateral right of appointment for an arbitrator in an arbitration agreement is impermissible; however, notice of intent to arbitrate, even when lacking technical precision, can suffice for procee....
The main legal point established in the judgment is that issues of limitation and notice under Section 21 of the Arbitration and Conciliation Act, 1996, fall within the realm of admissibility issues ....
An arbitrator's appointment must adhere to the agreed procedure; failure to do so renders the appointment invalid under Section 11(6) of the Arbitration Act.
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