SANJEEV SACHDEVA
JVL Electronics, Thanjavur – Appellant
Versus
Samsung India Electronics Pvt. Ltd. – Respondent
JUDGMENT
Sanjeev Sachdeva, J.:--
CM Appln. 21047/2021 (Exemption)
Allowed, subject to all just exceptions.
FAO 144/2021 & CM APPLN. 21045-46/2021
1. The hearing was conducted through video conferencing.
2. Appellant impugns judgment dated 12.02.2021 whereby the application of the appellant under Section 9 of the Arbitration & Conciliation Act, 1996 has been dismissed.
3. Appellant had sought stay of the termination letter dated 24.12.2020 and had sought permission to continue as the dealer of the respondent.
4. Learned counsel for the Appellant submits that during the pendency of these proceedings, subsequent events have occurred whereby the respondent have taken back certain stocks and offered to pay a sum of Rs. 7,40,705.84 by their e-mail dated 17.05.2021 to the appellant in full and final settlement of all his claims. He submits that an application has been filed by the appellant seeking amendment of the prayer clause.
5. Learned counsel for the appellant submits that since the said amount has been admitted by the respondent, respondent be directed to pay the same. He, however, submits that there are other claims of the appellant which would still survive as the said payment would not
The court considered the acceptance of payment without prejudice to further claims, and the referral to mediation as a means to resolve the disputes.
Court emphasizes the importance of preserving parties' rights while allowing for settlement negotiations under arbitration law.
The court recognized and gave effect to the full and final settlement between the parties, leading to the satisfaction of the arbitral award and disposal of the appeal.
The court's decision emphasized the importance of adjudicating certain matters through arbitration and the inapplicability of certain contentions for the arbitral proceedings.
A settlement reached between parties renders an arbitral award satisfied, making any appeals regarding the matter infructuous.
The court emphasizes the necessity of arbitration for settling disputes between parties, facilitating fair adjudication and respecting the process under the Arbitration and Conciliation Act, 1996.
The court recognizes and upholds the mutual settlement reached between parties regarding the execution of an arbitral award, directing compliance within a specified timeframe.
The court clarified the impact of the interim award on the final adjudication, the requirement for the Petitioner to deposit the awarded amount, and the allowance for the Petitioner to file an applic....
The judgment emphasizes the limited scope of interference under Section 37 of the Arbitration Act, highlighting the importance of abiding by arbitral awards and the need for commercial parties to hon....
Section 9 of the Arbitration Act only permits interim reliefs; final relief claims must be adjudicated by the Arbitral Tribunal.
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