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DELHI HIGH COURT
C.HARI SHANKAR
Nitin Bakshi – Appellant
Versus
Splendor Buildwell Private Limited – Respondent
| Table of Content |
|---|
| 1. arbitrator appointment notice (Para 1) |
| 2. agreement for arbitration (Para 2) |
| 3. referral for adjudication (Para 3) |
| 4. petition disposal (Para 4) |
JUDGMENT
M.P.(I) (COMM.) 277/2020
1. By the order dated 4th March, 2021 passed by a coordinate Bench of this Court in Arb. P. 262/2021, a learned Judge (retired) of this Court has been appointed as the Arbitrator to arbitrate on the disputes between the parties, forming subject matter of the present petition.
2. Learned counsel for the parties fairly state, ad idem, that the present petition could be referred for adjudication to the learned arbitrator, treating it as an application under Section 17 of the Arbitration and Conciliation Act, 1996 ("1996 Act").
3. Accordingly, this petition is disposed of by referring the present petition to the learned arbitrator, to be treated as an application under Section 17 of the 1996 Act. Interim directions passed by this Court shall continue to remain in operation and shall be subject to the decision of the learned arbitrator.
4. This petition is disposed of.
Parties agreed to refer disputes to arbitration under Section 17 of the Arbitration and Conciliation Act, 1996; interim directions remain operational until arbitrator's decision.
Parties may appoint an arbitrator by mutual agreement, leading to dispute resolution under the Arbitration and Conciliation Act, emphasizing the need for adherence to due process.
The court permitted a petition to be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996, to be decided by the arbitrator.
The court appointed a retired judge to arbitrate disputes between parties, allowing all issues to remain open for decision under the Arbitration and Conciliation Act, 1996.
The court affirmed that parties can mutually consent to arbitration under the Arbitration and Conciliation Act, with obligations on the arbitrator to ensure expeditious resolution of disputes.
The court's decision emphasized the appointment of an arbitrator and the allowance of all contentions to be urged and contested in the arbitral proceedings.
Disputes under the Arbitration and Conciliation Act can be referred to arbitration with both parties' agreement, confirming the maintainability of applications before the arbitrator.
The court clarified that once an application for interim relief under Section 9 of the Arbitration Act is entertained, it can proceed despite the constitution of an Arbitral Tribunal, unless the reme....
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