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SUBHASIS DASGUPTA
Security Hitech Graphics Private Limited – Appellant
Versus
LMI India Private Limited – Respondent
JUDGMENT :
Subhasis Dasgupta, J.
1. This revisional application is directed against the order dated 5th July, 2022 passed by learned Arbitrator in an arbitration proceeding being Case No. DL/10/M/SWC/00359 (LMI India Private Limited Vs. Security Hitech Graphics Private Limited) making 5th, 6th and 7th schedule of Arbitration and Conciliation Act inapplicable to referred arbitration proceeding, thereby causing infraction of the provisions of Section 12 (1) and (2) of Arbitration and Conciliation Act, 1996.
2. The first and foremost challenge, raised by Mr. Kushal Chatterjee, learned advocate appearing for the petitioner, is that arbitrator after being appointed in connection with an arbitration proceeding, though may be under the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the ‘M.S.M.E.D. Act’), the Arbitrator is under obligation to disclose his independence, or impartiality, as disclosed in Section 12(1) and (2) of the Arbitration and Conciliation Act, 1996 making sufficient disclosure as per 5th, 6th and 7th schedule of Arbitration and Conciliation Act 1996.
3. Mr. Chatterjee further submitted that mandatory requirement as to the independence
The main legal point established in the judgment is that the provisions of the Arbitration and Conciliation Act, 1996, including the disclosure requirements, apply to arbitration proceedings under sp....
The provisions of the MSMED Act prevail over the Arbitration Act in cases involving micro, small, and medium enterprises, and active concealment of material facts can disentitle a party from discreti....
The judgment established the overriding effect of the MSMED Act over the Arbitration Act, emphasizing the entitlement of the respondent to approach the HMSEFC for redressal of its grievance, and the ....
The mandatory notice under Section 21 for arbitration commencement must be received, not just sent, and failure to disclose connections violates Section 12, compromising arbitration impartiality.
Arbitral proceedings pre-1996 Act governed by 1940 Act; no Section 12 disclosure duty; party-nominated arbitrator's known prior ties do not vitiate unanimous three-member award absent proven bias.
The Micro, Small and Medium Enterprises Development Act, 2006 has overriding effect over the Arbitration and Conciliation Act, 1996 when the jurisdiction of the Council has been invoked, and the Coun....
The Court cannot intervene in arbitration proceedings unless a de jure inability of the arbitrator is established, as per the Arbitration and Conciliation Act, 1996.
The appeals were dismissed due to lack of evidence demonstrating the arbitrator's bias, emphasizing that mere allegations of disclosure failures do not invalidate ex-parte awards without clear proof ....
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