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DELHI HIGH COURT
SURESH KUMAR KAIT
Bhaskar Industries Pvt. Ltd. – Appellant
Versus
National Textile Corporation Ltd. – Respondent
1. The present petition has been filed by the petitioner under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator on behalf of respondent No.1 in terms of arbitration agreements.
2. Petitioner No.1-Bhasker Industries Private Limited, petitioner No. 2Decent Industries Private Limited are the companies incorporated under the provisions of Companies Act, 1956. Respondent No.1, National Textiles Corporation is a public sector enterprise under the Ministry of Textiles incorporated in the year 1968. Respondent No.2 is a Joint Venture Company duly incorporated under the laws of India, in which petitioners and respondent No.1 collectively hold 51% and 49% shares respectively.
3. During the course of hearing, Mr. Rajshekhar Rao, learned senior counsel appearing on behalf of petitioner has submitted that petitioner had entered into the following documents with respondent No.1:
(i) Memorandum of Understanding dated 0.6.11.2007
(ii) Undertaking Transfer Agreement dated 15.11.2007
(iii) Lease Deed dated 15.11.2007
(iv) Share Subscription and Shareholders Agreement dated 20.11.2007
4. The parties had entered into the aforesaid d
The presence of a Dispute Resolution Clause in arbitration agreements necessitates the appointment of arbitrators to resolve disputes, ensuring compliance with statutory requirements.
The court emphasized the importance of compliance with the arbitration and Conciliation act, 1996 and directed the appointment of arbitrators as per the agreement reached by the parties.
The court underscores the importance of appointing the same arbitrator for disputes arising from related agreements to avoid conflicting awards.
The court's decision emphasized the importance of appointing the same arbitrator to hear disputes related to the same composite transaction to avoid conflicting findings.
The court confirmed the right to appoint an arbitrator due to the respondent's non-compliance with the terms of the agreement, affirming that the disputes were arbitrable.
The court confirmed the arbitrability of disputes arising from contractual breaches and appointed a sole Arbitrator as per the Arbitration and Conciliation Act, 1996, ensuring all matters remain open....
The court allows a petition to appoint an arbitrator despite the challenger's claims about non-signatory status and procedural prematurity, emphasizing the arbitrability of disputes.
The court affirmed the necessity for arbitration as agreed by the parties in their contracts, appointing a sole Arbitrator to resolve multiple disputes arising from distinct agreements.
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