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DELHI HIGH COURT
SURESH KUMAR KAIT
Extramarks Education India Private Limited – Appellant
Versus
Rishabh Academy – Respondent
| Table of Content |
|---|
| 1. dispute related to payment under agreements (Para 1 , 2 , 3 , 4) |
| 2. invocation of arbitration process (Para 5) |
| 3. respondents’ non-appearance in proceedings (Para 6) |
| 4. appointment and rules for arbitrator (Para 7 , 8 , 9) |
| 5. disposal of the petition (Para 10) |
The hearing has been conducted through video conferencing.
1. The present petition has been filed by petitioner seeking appointment of Sole Arbitrator under the provisions of Section 11 of the Arbitration and Conciliation Act, 1996 for adjudication of disputes with the respondents.
2. Petitioner-Extramarks Education India Private Limited, is a company incorporated under the Companies Act, 2013. Respondents no.1 and 2 are educational institutions, which are managed by respondent no.3 and owned by respondent no.4.
3. According to petitioner, respondents entered into agreements on 13.11.2017, 01.02.2018, 08.03.2018 and 26.04.2018 for sale, implementation, installation of hardware, software and multimedia system accessories for the purpose of setting up of 67 Smart Learn Classes at the premises of respondent nos.1 & 2. However, despite agreeing to the payment schedule mentioned in the Agreement
Court may appoint a Sole Arbitrator under Section 11 of the Arbitration and Conciliation Act when parties fail to respond to dispute communications.
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
In the absence of opposition, a court may appoint an arbitrator based on deemed service through electronic means for resolving contractual disputes.
Non-compliance by a party allows the court to appoint a sole Arbitrator under the Arbitration Act when arbitration notices are ignored.
The court's decision emphasized the importance of consent and lack of objection from both parties in appointing a sole arbitrator.
Appointment of an arbitrator is essential when disputes arise from contractual agreements and non-compliance with demand notices, reinforcing the obligations under the Arbitration and Conciliation Ac....
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
Court can appoint a Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 with mutual consent of the parties for efficient dispute resolution.
The main legal principle established in the judgment is the court's authority to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when a dispute arises and no arbi....
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....
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