Back
CHANDRA DHARI SINGH
Ashoka Enterprises – Appellant
Versus
Union Of India – Respondent
ORDER :
Chandra Dhari Singh, J.
1. The instant application under Section 11 of the Arbitration and Conciliation Act, 1996 read with Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the petitioner seeking the following prayer :-
2. Learned counsel for the petitioner submitted that the petitioner is a partnership firm engaged in the business of construction and railway contracts.
3. Learned counsel for the petitioner submitted that the project for "Construction of Holiday Home at Kedarnath Dham in the Section of SSE/W/HW under ADEN/RK" was awarded to the petitioner by the respondent vide letter dated 17th October 2007 for INR 75,70,898.56, and stipulated period of completion of work was 6 months, i.e. on or before 16th April 2008.
4. Learned counsel for the petitioner submitted that despite the arrangements for timely completion of work the same could not be completed due to reasons such as the substantial increase in the scope
The main legal point established is the arbitrability of disputes under the construction contract and the court's authority to appoint a sole arbitrator under the Arbitration and Conciliation Act, 19....
The main legal point established is the court's authority to appoint a sole arbitrator to adjudicate disputes in accordance with the arbitration clause under the General Conditions of Contract.
The court's decision emphasized the appointment of a sole Arbitrator to adjudicate disputes under the Arbitration and Conciliation Act, 1996.
The court upheld the arbitrability of disputes arising from contractual obligations, appointing a sole arbitrator under the Arbitration and Conciliation Act.
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 central legal point established in the judgment is the court's authority to appoint an arbitrator to resolve disputed claims between parties in accordance with Section 11(6) of the Arbitration an....
As per Section 11 (13) of the Act now arbitration is required to be decided within 30 days.
Disputes concerning contract completion and payment arise, necessitating arbitration as per the Arbitration and Conciliation Act, 1996.
The court affirmed that when parties acknowledge disputes in a contractual agreement, an arbitrator must be appointed to resolve these disputes under the Arbitration and Conciliation Act, 1996.
The court has the authority to appoint a Sole Arbitrator to adjudicate disputes arising from a contract, ensuring compliance with the Arbitration and Conciliation Act.
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
