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CHANDRA DHARI SINGH
Energy Efficient Services Limited – Appellant
Versus
Merry Gold Enterprises – Respondent
ORDER :
CHANDRA DHARI SINGH, J.
The file is taken up today as 14th April, 2023 was declared as a public holiday on account of Birthday of Dr. B.R. Ambedkar.
I.A. 19738/2022 (Exemption from filing original documents)
2. Exemption allowed subject to just exceptions.
3. The application stands disposed of.
ARB.P. 1339/2022
4. The instant petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 read with Section 151 of the Civil Procedure Code, 1908 has been filed on behalf of petitioner seeking appointment of an Arbitrator to adjudicate the disputes between the parties.
5. Learned counsel appearing on behalf of petitioner submitted that the respondent has already been served, however, despite service, he has chosen not to appear before this Court. It is submitted that vide order dated 10.3.2023, this Court observed that despite service of notice, there was no appearance on behalf of the respondent. It is further submitted that when the petitioner tried to serve the notice dasti to the respondent, he refused to accept the same.
6. This Court has perused the previous Orders passed by this Court. On 25.11.2022, notice was issued to the Respondent by a Predecessor Bench of this Co
The main legal point established in the judgment is the court's authority to proceed ex-parte and appoint an arbitrator when the respondent consistently fails to appear despite service of notice, and....
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
The specific provision for resolution of disputes by arbitration in an agreement can lead to the appointment of an arbitrator if the respondent fails to contest the petition.
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 granted the petition for arbitration appointment, emphasizing the respondent's refusal to engage and affirming jurisdiction based on the terms in the invoice.
The main legal point established in the judgment is the court's authority to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, when the respondent deliberately ....
The importance of fulfilling necessary requisites for appointment of an arbitrator under the Arbitration Act and the spirit of the Act to make the resolution process accessible, easier, and more effi....
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.
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