SURESH KUMAR KAIT
YFC Projects Private Limited – Appellant
Versus
Ramprastha Promoters And Developers Private Limited – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been filed by the petitioner under Section 11 (6) of the arbitration and Conciliation act, 1996 seeking appointment of sole arbitrator.
2. Learned counsel for petitioner submits that petitioner is a company and is engaged in business of construction and other development activities. Respondent is a non-government company and is a real estate developer running its business operation in NCR region. Respondent during year 2010 obtained licence bearing No.40 of 2010 for development of group housing society admeasuring 24.53 acres in sector 95 (in short 'Project'). Further, respondent informed the petitioner that it had sold the FSI of the Project to the army Welfare Housing Organization (aWHO). as per the terms and conditions entered between the aWHO and respondent, the development rights were given to the respondent for construction of Multi Storied Residential Towers and other related work for personal use of member/allottees of aWHO. Respondent in furtherance of the contracts which it had entered with aWHO, issued a letter of intent dated 25.05.2013 in favour of petitioner for execution of certain Civil & Structural Work for a
The main legal point established in the judgment is the appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the parti....
Disputes arising from a construction contract for unpaid dues are arbitrable under the Arbitration and Conciliation Act, prompting the appointment of a sole arbitrator.
The unilateral appointment of an arbitrator violates the principle of unbiased adjudication, requiring mutual agreement between parties for such appointments.
The court has the authority to appoint a sole Arbitrator in accordance with the Arbitration Clause forming a part of the Contract.
The main legal point established is the court's authority to appoint a sole arbitrator when the parties fail to appoint one themselves, as provided under Section 11 of the Arbitration and Conciliatio....
Unilateral appointment of an arbitrator is impermissible; parties must appoint an arbitrator jointly or seek court appointment to ensure unbiased dispute resolution.
The court has the authority to appoint an arbitrator to resolve disputes based on the arbitration clause in the agreement and the arbitrability of the disputes.
Party no objection if sole Arbitrator is appointed by this Court for adjudication of dispute between the parties.
The court's decision emphasized the appointment of a sole Arbitrator to adjudicate disputes under the Arbitration and Conciliation Act, 1996.
The main legal point established is the court's authority to appoint a sole arbitrator under Section 11(6) of the arbitration and Conciliation act, 1996 when the parties fail to mutually appoint one,....
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