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CHANDRA DHARI SINGH
Gtm Builders And Promoters Pvt. Ltd. – Appellant
Versus
Sneh Development Pvt. Ltd. – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)--The instant petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter "the Arbitration Act") has been filed on behalf of the petitioner seeking the following reliefs:
"a) appoint a sole arbitrator to adjudicate upon the disputes arising out of agreement dated 10.03.2005 executed between the parties;
b) Any other relief which this Hon'ble Court may be pleased to grant in the present facts and circumstances."
2. The petitioner is a construction company that launched its Project, GTM Residency Tower No.11, New Valley View Estate, Gurgaon, for construction of a group housing society on a part of the plot admeasuring 22 Acres 3 Kanal 14 Marlas in Gwal Pahari, Gurgaon, Haryana (hereinafter "the Project"). The respondent is a company engaged in the business of construction that takes up projects on a turnkey basis.
3. The parties entered into an Agreement dated 10th March 2005 with the object of constructing the Project. However, during the course of the Project being carried out certain disputes arose amongst the parties.
4. This Court, in the previous round of litigation, vide Order dated 6th January 2010 appointed a So
The main legal point established is that for a dispute to be referred to an arbitrator under Section 11(6) of the Arbitration Act, it must arise from the agreement and be arbitrable in nature.
The main legal point established is that a party to a contract cannot absolve its liabilities and must comply with dispute resolution clauses, and claims must be within the period of limitation.
The pre-arbitration procedures under the arbitration clause are not always mandatory, and the court may refer disputes to arbitration if the requisites of arbitrability and notice under the Arbitrati....
As per Section 11 (13) of the Act now arbitration is required to be decided within 30 days.
The appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act requires only a prima facie examination of the arbitration agreement's existence, with mixed questions of law....
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the agreed procedure in the contract. If the appointment is not in line with the a....
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