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SUBRAMONIUM PRASAD
Oriel Financial Solutions Private Limited – Appellant
Versus
Bestech Advisors Private Limited – Respondent
JUDGMENT (Oral)
CM APPL. 17212/2024 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 4209/2024
1. The Petitioner has approached this Court challenging the Order dated 01.02.2024, passed by the Arbitrator rejecting an application under Section 16 of the Arbitration and Conciliation Act, 1996 on the ground that the dispute is not arbitrable for the reason that the contract entered between the parties was void ab initio. Relevant portion of the impugned Order reads as under:
"19. In the present case, the Tribunal is of the opinion that evidence has to be led by the parties on the following aspects: a) Whether declaration form INC- 20A was fiIed on 01/09/2021 by claimant. b) Whether the agreement dated 19/06/2021 was signed by the competent parties and is a valid agreement. c) Whether the respondent has taken the benefit of this agreement. d) Whether Section 10A of Companies Act is mandatory. e) Whether the agreement requires registration as per the Section 17 of the Registration Act.
20. The issues raised in para 3 to 7 of this application are based on merit of this case and hence require detailed evidence to be led by the parties.
21. As the parties are required to lead evidence
A party to arbitration proceedings has a remedy to challenge the award passed in such proceedings under Section 34 of the 1996 Act.
Section 34 of the 1996 Act permits a challenge “against an arbitral award ... only by an application for setting aside such award”. “Arbitral award” is defined, in clause (c) of Section 2(1), as “inc....
Judicial intervention in arbitration is restricted; parties can only challenge interim orders in specific circumstances post-award under the Arbitration Act.
Point of law : Drill of Section 16 of the Arbitration and Conciliation Act, 1996 is that where a Section 16 application is dismissed, no appeal is provided and the challenge to the Section 16 applica....
Point of law: Drill of Section 16 of the Arbitration and Conciliation Act, 1996 is that where a Section 16 application is dismissed, no appeal is provided and the challenge to the Section 16 applicat....
Doctrine of precedent is limited to the decision itself and as to what is necessarily involved in it. It does not mean, it was held, that the court was bound by the various reasons given in support o....
The High Court's intervention in arbitral matters under Articles 226 and 227 is limited to jurisdictional issues, without infringing upon the final authority of the arbitral tribunal.
The main legal point established in the judgment is the need for exceptional circumstances to invoke the court's jurisdiction under Article 226 and 227, the limitations on judicial interference in ar....
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