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MANISH PITALE
K. R. Traders – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. This is a petition filed u/s 11 r/w 15 of the Arbitration and Conciliation Act, whereby the petitioner is seeking appointment of a fit and proper person to adjudicate the dispute that has arisen between the petitioner and the respondent.
2. Brief facts leading to filing of present petition are that, the petitioner had entered into an agreement with the respondent for execution of specific works pertaining to providing and laying down sewage lines and pumping stations at Ahmednagar. An agreement was executed on 26/04/1993 and work order was issued on 17/5/1993. During the course of execution of the said works certain disputes arose between the parties, as a consequence of which arbitration clause 70 of the General Condition of Contract of Central Government was invoked. In pursuance of such invoking of arbitration proceeding under the said clause, an interim award dtd. 22/9/2012, came to be passed on the basis of specific amount admitted by respondents as payable to the petitioner. Proceedings before the Arbitrator continued thereafter and eventually final award was passed on 30/4/2013 with corrigendum issued on 30/5/2013. Under the award, the petitioner was found entitle
The main legal point established is that even when an arbitration award is set aside, the parties can initiate arbitration proceedings afresh, strictly in terms of the arbitration agreement between t....
A party can seek arbitration anew after an arbitral award is set aside, and a notice under Section 21 is not necessary unless the arbitration clause is freshly invoked.
The court affirmed that termination of arbitral proceedings does not permit the appointment of a substitute arbitrator without reviving prior termination, emphasizing procedural adherence in arbitrat....
The main legal point established in the judgment is the ineligibility of the appointed arbitrator under Section 12(5) read with Schedule VII of the Arbitration Act and the requirement for a panel of ....
No power has been invested by Parliament in the Court to remand the matter to the Arbitral Tribunal except to adjourn the proceedings for the limited purpose mentioned in sub-section (4) of Section 3....
The right to appoint an arbitrator is not forfeited by serving notice for appointment; jurisdictional interventions can temporarily affect appointment rights, and the court's role is to ensure compli....
Appointment of Arbitrator - Court can interfere when it is found that claim is time barred or there is no subsisting dispute - Once a dispute has already been adjudicated upon, it cannot be said to b....
The intention of the parties to settle the matter through arbitration precluded the revival of the suit, and the application for appointment of a new arbitrator was dismissed as it was misconceived a....
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