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BHARATI DANGRE
TLG India Pvt. Ltd. – Appellant
Versus
Rebel Foods Pvt. Ltd. – Respondent
JUDGMENT :
1. The application filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeks an appointment of the Sole Arbitrator for resolving the disputes that have arisen between the parties out of the contract of Media Agency. Vide Letter of Appointment (LOA) dated 13/04/2015, the applicant was appointed as an Advertising Communication Partner by the respondent. In furtherance of the of the said arrangement, invoices were raised by the applicant, in accordance with clause No.3 of the LOA, but the applicant allege that the respondent, though never raised any dispute in respect to the services provided or invoices raised, failed to make the payments in terms of the Agreement. As per the applicant, after adjusting all the payments made by the respondent, an amount of Rs.1,53,01,864/- is payable by the respondent.
In the wake of the aforesaid, applicant addressed a notice to the respondent on 09/11/2020 invoking arbitration agreement and, since, the respondent refused to accede to the request, the application has been filed under Section 11, seeking appointment of the Arbitrator in exercise of powers conferred upon this Court.
2. Heard learned counsel Mr.Dushyant Krishna
The main legal point established in the judgment is that an application for appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 is subject to the time limitati....
The main legal point established in the judgment is that the limitation for filing an application under Section 11 of the Arbitration Act arises upon the failure to make the appointment of the arbitr....
(1) Period of limitation to file application under Section 11 of Arbitration and Conciliation Act, 1996 is 3 years’ from date of refusal to appoint Arbitrator, or on expiry of 30 days’, whichever is ....
The main legal point established in the judgment is that the limitation period for filing an application seeking appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation A....
The appointment of an Arbitrator should proceed if there is doubt about the subsistence of the disputes, and objections regarding claims should be left to be determined by the Arbitrator.
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