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CHANDRA DHARI SINGH
Affle India Limited – Appellant
Versus
Talent Unlimited Online Services Private Limited – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
I.A. 3061/2023(for condonation of delay of 3 days in filing of rejoinder)
1. The instant application has been filed on behalf of the petitioner under Section 151 of the Code of Civil Procedure, 1908 seeking condonation of three days' delay in filing the rejoinder.
2. Learned senior counsel for the respondent submitted that he has no objection if the application is allowed. In view of the above, the instant application is allowed and the delay of 3 days in filing of rejoinder is condoned.
3. Rejoinder filed by the petitioner be taken on record.
4. Accordingly, the application stands disposed of.
O.M.P.(I) (COMM.) 20/2023
5. The present petition has been filed on behalf of the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act, 1996) seeking the following reliefs:
"a. Issue an interim and/or an ad-interim injunction in favour of the Petitioner and against the Respondents restraining Respondents Nos. 1 and 2 from terminating the Global Monetization Partnership Agreement dated 8.8.2020 ("GMPA") alongwith its two addendums dated 14.02.2022 ("GMPA-1") and 29.08.2022 ("GMPA-2") until the Arbitr
A contract is not concluded until there is consensus ad idem between the parties.
The impact of arbitration clauses on legal remedies and the consideration of irreparable loss in granting interim reliefs.
A valid and enforceable contract requires mutual agreement on essential terms; ongoing negotiations and unsigned agreements do not establish legal obligations.
The dismissal of a petition under Section 34 of the Arbitration Act was justified due to the petitioner's failure to meet limitation requirements, as procedural defects impeded timely filing.
A party seeking interim relief under Section 9 of the Arbitration & Conciliation Act must demonstrate a manifest intention to invoke arbitration proceedings, which was not established by the petition....
Section 9 of the 1996 Act cannot be used as a tool to compel the opposite party to pay money to the claimant.
The issue of limitation is a matter for the Arbitrator to decide, and disputes should be referred to the Arbitrator for resolution.
The main legal point established in the judgment is the distinction between jurisdictional and admissibility issues in arbitration, the application of limitation under Article 137 of the Limitation A....
An arbitral award may be set aside if it ignores the express terms of the governing agreement or imposes obligations not agreed upon, constituting a patent illegality.
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