SURESH KUMAR KAIT
Ambience Commercial Developers Pvt. Ltd – Appellant
Versus
Aida Foods Pvt. Ltd – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been filed under Section 11(6) of the arbitration and Conciliation act, 1996 seeking appointment of sole arbitrator to adjudicate the disputes inter-se the parties.
2. Pertinently, petitioner and respondent both are companies incorporated under the Companies act, 1956 and petitioner owns the ambience Mall, Vasant Kunj, New Delhi.
3. according to the petitioner, the respondent had approached the petitioner for taking on lease/license the Retail Space Food Stall and Kitchen No.7. accordingly, an agreement was executed between the parties on 11.05.2018 for taking possession for fitouts and petitioner vacated the said premises and handed over the possession thereof to the Respondent on 01.11.2019. Thereafter, on 28.07.2021 petitioner communicated the respondent and called upon to pay sum of Rs.37,03,113/- towards the charges of the premises but respondent failed to pay the same. Thereafter, petitioner made several requests and consistent demands to pay the aforesaid due and payable amount and even though respondent assured to clear the same but did not pay the same till date. So, the disputes continued between the parties.
4. Ther
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,....
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
The main legal point established in the judgment is the court's authority to appoint a sole arbitrator to adjudicate disputes under the Arbitration and Conciliation Act, 1996, in cases where one part....
The court's decision emphasized the arbitrability of the disputes and the appointment of a sole arbitrator under Section 11(5) of the arbitration and Conciliation act, 1996.
Court has the authority to appoint a sole Arbitrator under Section 11 of the Arbitration and Conciliation Act when parties fail to fulfill contractual obligations.
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
Appointment of Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
Appointment of Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is the court's authority to appoint a sole arbitrator to adjudicate disputes between parties when there is an agreement to refer the disputes to arbit....
The court's decision highlights the importance of honoring arbitration clauses in agreements and the appointment of arbitrators to resolve disputes.
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