Back
CHANDRA DHARI SINGH
Interglobe Technology Quotient Pvt. Ltd. – Appellant
Versus
Ruby Tour Services Pvt. Ltd. – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)--The instant petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter "Arbitration Act") has been filed on behalf of petitioner seeking appointment of a Sole Arbitrator to adjudicate the disputes between the parties.
2. The matter was first listed on 4th April 2022 before the Predecessor Bench whereby the Notice of the petition was issued to the respondent. Thereafter, on several dates of hearing, attempts were made to serve the respondent, however, the Notice remain unserved. Subsequently, on 10th October 2022, the learned counsel for the petitioner prayed that respondent be served by way of publication and accordingly, the Predecessor Bench directed service to the respondent by of the publication in the newspaper `Times of India., English Edition, and `Pune Mirror., Marathi Edition. Even thereafter, none entered appearance on behalf of the respondent either before the Court or by way of filing any pleading and ultimately, the right of the respondent to file a reply was also closed.
3. None has ever appeared in the matter on behalf of the respondent. Today also there is no appearance on behalf of the responden
Unilateral appointment of an arbitrator is impermissible; both parties must mutually consent to ensure impartiality in dispute resolution.
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
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 court emphasized the arbitrability of disputes and the appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is the court's authority to refer disputes to arbitration when both parties have invoked the arbitration clause and there are admitted arbitral disput....
The court's decision emphasized the arbitrability of disputes and the appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996.
A court, under sections 11(5) and (6) of the Arbitration and Conciliation Act, is obligated to appoint an arbitrator when a valid arbitration clause exists and the other party does not oppose the pet....
The court upholds the arbitration clause in the agreement and appoints a sole arbitrator to resolve disputes.
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
