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MANISH PITALE
SHAILESH RANKA – Appellant
Versus
WINDSOR MACHINES LTD – Respondent
ORDER :
(Manish Pitale, J.)
1. By this petition, the petitioners seek review of order dated 19.12.2023 passed by this Court, dismissing application filed by the applicants for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Arbitration Act').
2. The petitioners submit that in the aforesaid order, there is an error apparent on the face of the record, for the reason that an objection taken by the respondent No.1 in the said application and upheld by this Court, while dismissing the application, is based on a factual error. It is submitted that while the Court proceeded on the basis that the petitioners and respondent No.2 were partners of a partnership firm R-Cube Energy Storage Systems LLP (R-Cube Energy), as a matter of fact, the said RCube Energy was earlier a limited liability partnership, but it stood registered as a private limited company in June 2019. It is submitted that this takes away the very basis of the order passed by this Court, dismissing the application filed under Section 11 of the Arbitration Act.
3. The contesting respondent No.1 has resisted the present review petition, claiming that such a pet
The High Court lacks jurisdiction to maintain a review petition under Section 11(6) of the Arbitration and Conciliation Act as no express provision permits such review, emphasizing minimal judicial i....
Review under the Arbitration and Conciliation Act is limited to correcting procedural errors, not substantive review, reaffirming the principle of minimal judicial interference in arbitration.
Point of Law : S.13(2) provides that a party who intends to challenge appointment of an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or afte....
The Amendment Act, 2015 is prospective in nature and will apply to arbitral proceedings commenced after its commencement. The notice invoking arbitration issued prior to the Amendment Act, 2015 and t....
The existence of an arbitration clause previously determined is binding on parties in subsequent proceedings, preventing re-examination of the clause's validity once an arbitrator is appointed.
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