Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAUTAM A.ANKHAD
Rajuram Sawaji Purohit, Sole Proprietor of : M/s. Mactec Realtors & Developers – Appellant
Versus
Shandar Interior Private Limited – Respondent
ORDER :
GAUTAM A. ANKHAD, J.
1. Disputes have arisen under an Agreement for Purchase of salvage material dated 29th November 2011 (“Agreement”). The Applicant had paid a Security Deposit of Rs.51,38,000/- to the Respondent, which is the subject matter of legal proceedings including this one. After a round of Winding-up Petition being Company Petition No.269 of 2016 and a Commercial Summary Suit No.721 of 2018, this Court in the said Suit, by consent of parties, referred the parties to arbitration (first round). An award was passed on 6th June 2022 by the Tribunal inter alia holding that the Applicant’s claims are barred by limitation (“Award”). The Applicant’s Section 34 Petition (Commercial Arbitration Petition No.305 of 2023) was allowed by this Court on 7th February 2024 and the Award was set aside in its entirety. The Applicant filed Interim Application (Lodging) No.10052 of 2024 for correction of order dated 7th February 2024. This was also rejected by the Section 34 Court by an order dated 11th July 2024. The Applicant has now filed this Section 11 Application seeking appointment of an Arbitrator to adjudicate the same disputes that have arisen between the parties under the sa
The court affirmed that an arbitration agreement's existence permits new arbitration despite prior dismissals, emphasizing limited judicial involvement under Section 11.
The court held that its review under Section 11(6) is limited to confirming the existence of an arbitration agreement, without delving into substantive disputes, which is for the Arbitrator to decide....
Arbitration – Appointment of Arbitrator - Parties though had agreed to submit the jurisdiction of the High Court of Gujarat, they had not agreed to the procedure for the appointment of an Arbitrator.....
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 referral court under Section 11 of the Arbitration and Conciliation Act must determine the prima facie existence of an arbitration agreement and appoint an arbitrator if satisfied.
The consent to arbitrate can waive mandatory pre-arbitration formalities, allowing disputes from separate contracts to be arbitrated as a composite matter.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
