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CHANDRA DHARI SINGH
Ambience Commercial Developers Pvt. Ltd. – Appellant
Versus
Medusa Fashion – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The instant petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter "Arbitration Act") has been filed on behalf of the petitioner seeking the following reliefs:
"A. Confirm the appointment of Hon'ble Mr. Justice N.K. Mody, retired Judge Madhya Pradesh High Court to adjudicate all disputes between the parties arising out of the MOU dated 15.07.2022.
B. In the alternative appoint an independent arbitrator preferably retired judicial officer to adjudicate all disputes between the parties arising out of the MOU dated 15.07.2022
C. Any other relief that this Hon'ble Court may deem just and fit may also be granted"
2. A perusal of the background of the instant matter reveals that the petitioner is a Company registered under the Companies Act, 1956 and is the owner of the shopping mall, namely, 'Ambience Mall' located at Nelson Mandela Marg, Vasant Kunj, Phase-2, New Delhi-110017. The respondent is the proprietorship concern engaged in the business of fashion garments and apparels, of which one Ms. Sonal Jindal is the sole proprietor.
3. The parties came together when the respondent approached the petitioner for holdi
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
The court confirmed the right to appoint an arbitrator due to the respondent's non-compliance with the terms of the agreement, affirming that the disputes were arbitrable.
The court's decision emphasized the arbitrability of the disputes and the appointment of a sole arbitrator under Section 11(5) of the arbitration and Conciliation act, 1996.
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's decision emphasized the importance of arbitration clauses in agreements and the applicability of the Arbitration and Conciliation Act, 1996 in resolving disputes.
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
Premature petitions under Section 11 of the Arbitration and Conciliation Act, 1996, are not maintainable when a Sole Arbitrator has already been appointed, and unresponsiveness of the current Arbitra....
The main legal point established is the court's authority to appoint a sole arbitrator under Section 11(6) of the arbitration and Conciliation act, 1996 when the parties fail to mutually appoint one,....
The court's decision emphasized the importance of arbitration clauses in settlement agreements and the parties' consensus to refer disputes to an arbitrator.
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