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DELHI HIGH COURT
SURESH KUMAR KAIT
MBD Printographics Pvt. Ltd. – Appellant
Versus
Paragon Paper Industries – Respondent
| Table of Content |
|---|
| 1. applications processed and order concluded. (Para 1 , 4 , 5 , 6 , 21 , 22) |
| 2. appointment and procedures for arbitrator established. (Para 2 , 17 , 18 , 19 , 20) |
| 3. dispute resolution agreement accepted. (Para 3 , 15 , 16) |
| 4. arbitration agreements defined and invoked. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
I.A. 9063/2021 (u/O. 1 R. 10 r/w S. 151 CPC)
I.A. 9061/2021 (u/O. 1 R. 10 r/w S. 151 CPC)
1. The present applications have been filed by the applicants/respondent Nos.6 and 7, respectively, seeking striking off their names from the array of the parties.
2. Notice issued.
3. Learned counsel for petitioners accepts notice and submits that he has no objection if the present applications are allowed.
4. Accordingly, the present applications are allowed and respondent Nos.6 and 7 are deleted from the array of the parties.
5. Petitioner is directed to file amended memo of parties within three days.
6. Accordingly, the present applications stand disposed of.
ARB.P. 506/2021
7. The present petition has been filed under Section 11(6) (A) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the d
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.
The main legal point established is the court's authority to appoint a sole arbitrator and determine the process for adjudicating disputes based on the specific arbitration clauses in the agreements,....
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.
Court has the discretion to appoint a new Arbitrator to continue unresolved arbitration proceedings, affirming continuity even after the previous Arbitrator's death.
The main legal point established is the enforcement of the arbitration clause and the appointment of a sole arbitrator to resolve the dispute.
The court has the authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when the parties fail to agree on the appointment.
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
The court's decision emphasized the arbitrability of disputes and the appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996.
Premature petitions under Section 11 of the Arbitration and Conciliation Act, 1996, are not maintainable when a Sole Arbitrator has already been appointed, and unresponsiveness of the current Arbitra....
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