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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Sandeep Garg - Appellant
Versus
Renu Proptech Private Limited - Respondent
O.M.P. (E) (COMM.) 8 of 2021
Decided On : 23-09-2021
| Table of Content |
|---|
| 1. direction for arbitration proceedings under the 1996 act. (Para 1) |
| 2. petition disposed of. (Para 2) |
(Video-Conferencing)
1. This is a petition under Section 27 of the Arbitration and Conciliation Act, 1996 ("the 1996 Act" in short), for a direction to Mr. Vikas Kumar Garg, Resolution Professional, appointed by the National Company Law Tribunal, in insolvency proceedings pending against M/s Inex Developers Private Limited, to appear in the proceedings for arbitration of disputes between the parties, along with the records of the relevant CIRP, between 15th October, 2021 and 16th October, 2021, at 4:30 p.m. Mr. Vikas Kumar Garg, is accordingly so directed.
2. The petition stands disposed of accordingly.
The court confirmed the obligation of a Resolution Professional under insolvency proceedings to participate in arbitration and present relevant records as mandated by Section 27 of the Arbitration an....
Arbitration proceedings allow for issuance of summons to witnesses to facilitate evidence presentation, ensuring fair adjudication.
A court, under sections 11(5) and (6) of the Arbitration and Conciliation Act, is obligated to appoint an arbitrator when a valid arbitration clause exists and the other party does not oppose the pet....
Consent of both parties allows for disputes to be referred to arbitration, reserving all legal questions related to arbitrability and claims for later determination.
Justice (Retd.) is appointed the sole Arbitrator to adjudicate the dispute between the parties.
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.
Appointment of an arbitrator in instances where the respondent does not object to arbitration is valid under the Arbitration and Conciliation Act, emphasizing the importance of efficient dispute reso....
The court appointed an arbitrator to resolve disputes as per the arbitration clause in the agreement, emphasizing that the parties are bound to arbitrate their disagreements.
The court affirmed the necessity of appointing an arbitrator as per the applicable provisions of the Arbitration and Conciliation Act for resolving disputes under the Joint Development Agreement.
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