CHANDRA DHARI SINGH
Rama Civil India Construction Pvt. Ltd. – Appellant
Versus
Delhi Transco Limited – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)--The instant petition under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed on behalf of the petitioner seeking the following reliefs:
"i. To appoint a Sole Arbitrator, as mentioned in the petition to adjudicate the disputes and differences between the Petitioner and Respondent, or
ii. To appoint a Sole Arbitrator to adjudicate the claims of the Petitioner in accordance with the Arbitration and Conciliation Act, 1996 as amended;
iii. Any other or further order/direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
2. Petitioner is a company incorporated under the Companies Act, 2013 on 11.08.2017 having its office at-H/240, Ashok Vihar Phase 1, Delhi, whereas the Respondent is a limited company incorporated under Companies Act, 1956 having its office at Shakti Sadan, Kotla Marg, New Delhi.
3. It is submitted that the Respondent invited bids for 'Construction of Boundary wall at a 220KV grid sub-station at south of Wazirabad' through tender no. T14P130479. Petitioner submitted bid and work was awarded to the petitioner on 23.02.2016 and the said work was awarded to Pe
The court's decision emphasized the arbitrability of disputes and the appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996.
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....
Unilateral appointment of an Arbitrator by one party is void under the Arbitration and Conciliation Act, reinforcing the need for impartial adjudication by the court.
: Unilateral appointment of an arbitrator defeats unbiased adjudication; when an arbitration clause does not provide for a panel of arbitrators, the task of appointing an arbitrator devolves on the C....
The unilateral appointment of an arbitrator violates the principle of unbiased adjudication, requiring mutual agreement between parties for such appointments.
The court has the authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when the parties fail to agree on the appointment.
The main legal principle established in the judgment is the court's authority to appoint a Sole Arbitrator and refer disputes arising from a tender to Arbitration in accordance with the provisions of....
The court appointed a sole arbitrator to resolve disputes under a tender agreement after the respondent failed to respond to the arbitration notice, confirming necessity when an arbitration clause is....
The main legal point established is the court's authority to appoint a Sole Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to resolve disputes between parties as agreed upo....
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