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SURESH KUMAR KAIT
J. H. Jewellers – Appellant
Versus
Asian Hotels (north) Ltd. – Respondent
JUDGMENT
(Oral)
The hearing has been conducted through video conferencing.
1. The above captioned first four petitions have been preferred under Section 11(6) of Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrators for adjudication of disputes between the parties.
2. Since the relief sought by the petitioners in these petitions is more or less similar against a common respondent, therefore, with the consent of counsel for the parties, these petitions have been heard together and are being disposed of by this common order.
3. Petitioner No.1 in the above captioned first petition [ARB. P. 661/2021] is a proprietorship firm at L-81, Shopping arcade, Hotel Hyatt Regency, Bhikaiji Cama Place, New Delhi and petitioner No.2 is the proprietor.
4. In the third captioned petition, [ARB. P. 667/2021], petitioner No.1 is a partnership firm and petitioner No.2 is the partner of the firm, who are having their office L- 79, Shopping arcade, Hotel Hyatt Regency, Bhikaiji Cama Place, New Delhi.
5. Petitioner No.1/firm in first captioned petition and third captioned petition are similar. According to petitioner firm, on 01.09.1982 a license agreement along with a supplementary agreemen
The court emphasized the unbiased adjudication of disputes between the parties and rejected the contention of the petitioners to appoint an arbitrator of their choice, in line with the legal principl....
Arbitration - Appointment of Arbitrator - Arbitration agreement between the parties and invocation of arbitration are not disputed by respondents - Till Arbitrator enters into reference, respondent s....
The court established that both parties must mutually agree on the appointment of an arbitrator to ensure unbiased adjudication and upheld the arbitration agreement between the parties.
The court appointed an arbitrator to resolve disputes arising from license agreements, emphasizing prior rulings and compliance with statutory requirements.
Arbitration - Appointment of Arbitrator - Former Secretary, department of Law and Justice is appointed sole Arbitrator to adjudicate dispute between parties in these petitions.
The court affirmed the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, for disputes arising from an uncontested License Agreement.
Court found termination of License Agreement accepted by respondent, resolving disputes without further arbitration.
The court confirmed the right to appoint an arbitrator due to the respondent's non-compliance with the terms of the agreement, affirming that the disputes were arbitrable.
The acceptance of the termination of the License Agreement and the agreement to hand over possession rendered the petition moot, leading to its disposal.
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
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