Back
SANJEEV NARULA
Geeta Poddar – Appellant
Versus
Satya Developers Private Limited – Respondent
JUDGMENT
Sanjeev Narula, J. - The issue for consideration is whether this Court can appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter, 'the Act'], considering the fact that a final award has already been passed, during the pendency of this petition, by a unilaterally appointed sole arbitrator.
BRIEF FACTS
2. The facts, insofar as are necessary for deciding the present petition, are set out hereinbelow:
2.1. The parties entered into a Builder Agreement on 06th September, 2014 [hereinafter, 'the Agreement'] in respect of a dwelling unit in a residential complex being developed by the Respondent [hereinafter, 'the Project']., Penthouse/ flat bearing No. 07, located on 11th floor, Tower-08 having a built-up area of approx. 1916 sq. ft. and common area of 639 sq. ft., totalling to 2555 sq. ft. in Hermitage, Sector - 103, Gurgaon, Haryana The Agreement contained an arbitration clause, which reads as under:
'20. ARBITRATION
20.1 It is agreed between the parties that any dispute which may be in relation to this present Agreement would not be taken up by the parties against each other in any criminal complaint either to the police or any Court. Both
Point of law: As per the legal position settled by the Supreme Court in catena of judgments, the High Court has the jurisdiction under Section 11(6) of the said Act to nullify the appointments made b....
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 court emphasized the necessity for impartiality in arbitration, ruling that automatic appointments of arbitrators undermined the arbitration clause, rendering the award invalid.
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the law, and if found to be invalid, the court has the jurisdiction to set it asid....
The main legal point established in the judgment is the application of Section 12(5) of the Arbitration and Conciliation Act, 1996, and the proviso allowing parties to waive disqualification through ....
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the agreed procedure in the contract. If the appointment is not in line with the a....
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
