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VIBHU BAKHRU, AMIT MAHAJAN
Devender Kumar Kashyap – Appellant
Versus
Chander Muni – Respondent
JUDGMENT
Vibhu Bakhru, J. The appellant has filed the present appeal under Section 37(1)(c) of the Arbitral and Conciliation Act, 1996 (hereafter `the A&C Act') impugning a judgment dated 18.08.2022 (hereafter `the impugned judgment') passed by the learned Commercial Court in OMP(COMM.) 34/2021 captioned Sh. Chander Muni v. Sh. Devender Kumar Kashyap & Ors.. In terms of the impugned judgment, the learned Commercial Court has allowed the respondent's application under Section 34 of the A&C Act against an Arbitral Award dated 10.09.2020 (hereafter `impugned award') delivered by an Arbitral Tribunal comprising of a Sole Arbitrator.
2. The respondent had assailed the impugned award before the learned Commercial Court, essentially, on two grounds. First, that the Arbitration Agreement entailed constitution of an Arbitral Tribunal comprising of more than one arbitrator; however, the Arbitral Award was rendered by a Sole Arbitrator. Second, that the appointment of the Arbitrator was flawed and the respondent had not concurred on any such appointment.
3. The arbitration clause, contained in the partnership deed-which was subject matter of the disputes-reads as under:
"Any dispute or differ
Interpretation of arbitration clause and validity of appointment of Sole Arbitrator.
The main legal point established in the judgment is the narrow interpretation of Section 11(6) and the legislative policy to minimize court intervention in appointing arbitrators.
The main legal point established in the judgment is that the bar imposed under Section 69 of the Partnership Act, 1932, does not apply to arbitration proceedings under the Arbitration and Conciliatio....
The main legal point established is that the ban under Section 69 of the Partnership Act, 1932 does not apply to arbitration proceedings, and the existence of a dispute and the invocation of the arbi....
The main legal point established in the judgment is the statutory perimeter of Section 11(6A) of the Arbitration and Conciliation Act, 1996, and the Court's adherence to relevant case laws in appoint....
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