SURESH KUMAR KAIT
Garg Builders Through Shri Saurabh Garg Partner – Appellant
Versus
Sidculconcor Infra Company Limited Scicl – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
I.a. 2109/2022 (exemption)
1. allowed, with direction to file requisite original documents, i.e. agreement and other documents, as well as notarised/attested affidavit within six weeks.
2. application is disposed of.
aRB.P. 152/2022
3. The present petition has been filed by the petitioner seeking appointment of sole arbitrator to adjudicate the disputes inter-se the parties.
4. as per the averments made in the present petition, the petitioner entered into agreements dated 31.03.2015 and 15.04.2015 with the respondent for the work of C/o administrative Building, Business facilities, public utilities, transporters office, station building etc. including allied works at MMLP Pantnagar Uttarakhand for contractual tendered amount of Rs.13,35,74,774/-. The date of commencement & completion of work was 31.03.2015 and 12.03.2016, which was respectively stipulated in the award Letter. The work was duly completed on 10.08.2017. The value on the date of completion of work was estimated at Rs.16,64,44,946/- against which net payment of Rs.15,11,91,095/- was released. However, despite repeated requests, an amou
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.
Disputes arising from contractual agreements are subject to arbitration as per the Arbitration and Conciliation Act, 1996 when both parties concede to arbitrability.
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....
The main legal point established in the judgment is the court's authority to appoint an independent arbitrator for adjudication of disputes based on the arbitration agreement.
The court applied the provisions of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator and ensure compliance before commencing the arbitration.
The court's power to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 and the arbitrability of disputes under the agreement's Clause 25.
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 to adjudicate disputes between parties.
No single party can be permitted to unilaterally appoint the Arbitrator, as it would defeat the purpose of unbiased adjudication of dispute between parties.
The court has the authority to appoint a sole Arbitrator in accordance with the Arbitration Clause forming a part of the Contract.
Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
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