Back
NAVIN CHAWLA
Ambey Mining Pvt. Ltd. – Appellant
Versus
Ntpc Ltd. – Respondent
JUDGMENT
Navin Chawla, J. (Oral)
1. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Contract Agreement dated 17.12.2019 executed between the parties regarding the "Engagement Of An Agency For Tipper Loading, Wagon Loading & Transportation Of Coal From Any Designated Mines To Any Designated Railway Siding For NTPC BARH-II (2X660 MW) Through RCR Mode".
2. The Arbitration Agreement between the parties is contained in Clause 7.3 of the General Conditions of the Contract (in short, the 'GCC').
3. The petitioner, before invoking the Arbitration Agreement, vide letter dated 05.09.2020, called upon the respondent to hold a joint discussion so that suitable course of action with regard to recommencement/reinstatement of work may be worked out mutually between the parties. In response, the respondent vide letter dated 04.12.2020, however, stated that the claim of the petitioner is not tenable. The petitioner, thereafter, by its letter dated 07.01.2021, while reiterating its claims, again
The Conciliation process mentioned in the Contract was not mandatory and could not affect the petitioner's right to invoke the Arbitration Agreement, especially when there was justified urgency to pr....
The main legal point established in the judgment is that the appointment of an independent sole arbitrator is necessary, and the refusal of the petitioner to participate in conciliation proceedings d....
The main legal point established is that invoking the conciliation clause as per the contract and the respondent's failure to respond allows the petitioner to seek the appointment of an Arbitrator un....
The main legal point established in the judgment is that the petitioner's failure to exhaust the mandatory dispute resolution procedure as per the contract rendered the petition premature and non-mai....
The main legal point established in the judgment is the strict construction of arbitration clauses and the adherence to the terms of the arbitration agreement by the parties.
Failure to appoint an arbitrator within the agreed timeframe under Arbitration Agreement allows the court to intervene and appoint an arbitrator under Section 11(6) of the Arbitration and Conciliatio....
The main legal point established is the applicability of Section 11(6) of the Arbitration and Conciliation Act, 1996, in cases where a party fails to appoint an arbitrator within the stipulated time ....
The main legal point established in the judgment is the interpretation of arbitration clauses in favor of early resolution of disputes through arbitration, emphasizing the purpose of arbitration for ....
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
