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CHANDRA DHARI SINGH
Sharad Arora – Appellant
Versus
Kkh Finvest Pvt. Ltd. – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The instant petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter "Arbitration Act") has been filed on behalf of the petitioners seeking the following reliefs:
"a. Direct the Respondents to withdraw the email dated 31.03.2023 issued by Ravi Burman against Petitioner No. 1
b. Direct/Restrain/Injunct the Respondents from making any disparaging/defamatory/libellous statements against the Petitioners in terms of Clauses 71 and 76 of the MoS dated 09.05.2022;
c. Direct the Respondent No. 1 to deposit before this Hon'ble Court/secure a sum of Rs. 2,00,00,000/- towards the "Severance" amount payable to Petitioner No. 1 in terms of the Memorandum of Settlement dated 09.05.2022;
d. Direct the Respondent No. 1 to deposit before this Hon'ble Court/secure a sum of Rs. 68,74,838 towards dues outstanding and payable to Jonas Haggard mentioned in Schedule 11 of the Memorandum of Settlement dated 09.05.2022;
e. Direct the Respondent No. 1 to deposit before this Hon'ble Court/secure a sum of Rs. 30,90,000/- towards dues outstanding and payable to the Consultants with whom Consultancy Agreements were executed as per the terms of Memora
The court's decision emphasized the importance of arbitration clauses in settlement agreements and the parties' consensus to refer disputes to an arbitrator.
The existence of an arbitration clause in an agreement, the arbitrability of disputes, and the fulfillment of necessary ingredients for the appointment of an arbitrator under the Arbitration Act are ....
The court's authority to appoint a sole arbitrator under Section 11(6) 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 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 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....
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 maintains the power to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, when parties have existing arbitration clauses in their agreements and pr....
The court appointed an arbitrator as the parties consented to arbitration under the existing arbitration clause, complying with statutory requirements.
The court's decision emphasized the arbitrability of disputes and the appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996.
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