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DELHI HIGH COURT
SURESH KUMAR KAIT
SRL Limited – Appellant
Versus
Sarasvati Devi – Respondent
| Table of Content |
|---|
| 1. dispute initiation and service issues. (Para 1 , 2 , 3 , 6 , 7 , 8) |
| 2. claim of breach of contract. (Para 4 , 5) |
| 3. appointment of arbitrator and fee guidelines. (Para 9 , 10 , 11) |
| 4. conclusion and order for disposition. (Para 12 , 13) |
1. The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes with respondents.
2. As per the averments made by petitioner, petitioner is a company duly incorporated under the Company Act, 1956 and is engaged inter-alia, in providing pathological services.
3. According to the petitioner, respondents approached the petitioner for providing pathological services and an agreement was executed between the parties on 19.03.2018 wherein it was mutually agreed that respondents shall carry out pathology services etc. under the monitoring of the petitioner. However, the respondents failed to adhere the terms and conditions of the payment specified in the abovementioned agreement and thus defaulted and neglected to remit the invoiced amount to the petitioner.
4. Learned counsel for the petitioner further contende
The court ruled that a party's failure to comply with a contractual agreement justifies the appointment of an arbitrator under the Arbitration and Conciliation Act, validating service via multiple de....
In the absence of opposition, a court may appoint an arbitrator based on deemed service through electronic means for resolving contractual disputes.
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
The court affirmed the need for compliance with contractually agreed arbitration clauses, appointing an arbitrator when parties fail to cooperate.
The court upheld the enforcement of an arbitration clause despite objections regarding the respondent's non-signatory status.
The court's decision was based on the deliberate non-appearance of the respondents and the petitioners' compliance with the legal requirements for appointment of a sole arbitrator.
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....
The High Court has the power under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint a sole arbitrator to resolve disputes where a valid arbitration agreement exists and the opp....
The court appointed a sole arbitrator for resolving disputes under a loan agreement after respondents failed to adhere to repayment terms and contested the agreement's existence.
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