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SURESH KUMAR KAIT
Mbd Printographics Pvt Ltd – Appellant
Versus
Paragon Paper Industries – Respondent
JUDGMENT
Suresh Kumar Kait, J. - I.a. 9063/2021 (u/O. 1 R. 10 r/w S. 151 CPC) I.a. 9061/2021 (u/O. 1 R. 10 r/w S. 151 CPC)
1. The present applications have been filed by the applicants/respondent Nos.6 and 7, respectively, seeking striking off their names from the array of the parties.
2. Notice issued.
3. Learned counsel for petitioners accepts notice and submits that he has no objection if the present applications are allowed.
4. accordingly, the present applications are allowed and respondent Nos.6 and 7 are deleted from the array of the parties.
5. Petitioner is directed to file amended memo of parties within three days.
6. accordingly, the present applications stand disposed of.
aRB.P. 506/2021
7. The present petition has been filed under Section 11(6) (a) of the arbitration and Conciliation act, 1996 seeking appointment of sole arbitrator to adjudicate the disputes inter-se b/w the parties.
8. as per the averments made in the present petition, petitioner is a company engaged in the business of paper and paper products. Respondent No. 1 is a partnership firm formed vide partnership deed dated 08.10.2018. Respondent Nos.2 and 3 are involved in the business of paper and paper products. Th
The main legal point established is the court's authority to appoint a sole arbitrator and determine the process for adjudicating disputes based on the specific arbitration clauses in the agreements,....
The court affirmed the necessity for arbitration as agreed by the parties in their contracts, appointing a sole Arbitrator to resolve multiple disputes arising from distinct agreements.
The court emphasized the importance of compliance with the arbitration and Conciliation act, 1996 and directed the appointment of arbitrators as per the agreement reached by the parties.
The court has the authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when the parties fail to agree on the appointment.
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's decision emphasized the importance of appointing the same arbitrator to hear disputes related to the same composite transaction to avoid conflicting findings.
The main legal point established in the judgment 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....
The Court clarified that deletion of a party from proceedings under Section 9 of the Arbitration and Conciliation Act does not preclude the invocation of the arbitration clause against the deleted pa....
The court's decision to appoint a new sole Arbitrator underlines the importance of continued arbitration proceedings and addressing counterclaims in compliance with statutory provisions.
The court emphasized the arbitrability of the disputes and the appointment of an independent arbitrator to consider all issues raised by the parties.
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