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MANISH PITALE
Allied Digital Services Ltd. – Appellant
Versus
XL Dynamics India Pvt. Ltd. – Respondent
JUDGMENT :
Manish Pitale, J.
Heard learned counsel for the parties.
2. This is an application filed under section 11 of the Arbitration and Conciliation Act, 1996, for appointment of arbitrator, in order to resolve disputes between the parties. The arbitration clause in the present case is found in a leave and license agreement dated 28/3/2023, executed between the parties. The applicant was the licensor and the respondent was the licensee under the said agreement.
3. It is submitted that after the respondent vacated the premises, the applicant was constrained to invoke the arbitration clause by notice dated 3/10/2019, for the reason that the damages caused to the premises in question, gave rise to cause of action for the applicant to claim appropriate amount from the respondent, which included damages suffered by the applicant for the reason that after the respondent had vacated the premises, the applicant could not let out the same for a considerable period of time.
4. The learned counsel for the applicant relied upon the arbitration clause in the leave and license agreement and invocation notice dated 3/10/2019, to submit that the nature of reliefs sought by the applicant is relatabl
Arbitration agreements under the Arbitration & Conciliation Act remain valid and binding despite exclusive jurisdiction claims by special statutes like the Presidency Small Cause Courts Act.
The court reaffirmed that the existence of an arbitration agreement is sufficient for appointing an arbitrator, emphasizing minimal judicial interference in arbitration processes.
The court's authority under Section 11 of the Arbitration Act restricts to determining the existence of an arbitration agreement, deferring substantive disputes to the arbitrator.
The referral court's examination under the Arbitration Act is limited to confirming the existence of an arbitration agreement, with substantive disputes reserved for the Arbitral Tribunal's review.
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