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DELHI HIGH COURT
SURESH KUMAR KAIT
Kailash Nath and Associates – Appellant
Versus
Karvy Stock Broking Ltd. – Respondent
| Table of Content |
|---|
| 1. petition filed for appointment of arbitrator based on prior agreements. (Para 1 , 2) |
| 2. allegations of breach of contract and termination of agreements. (Para 3 , 4 , 5) |
| 3. arbitration invoked after termination; respondent deemed served. (Para 6 , 10) |
| 4. appointment of sole arbitrator and fee regulations outlined. (Para 11 , 12 , 13) |
| 5. conclusion and dissemination of the order to the arbitrator. (Para 14 , 15) |
1. The present petition has been filed under Sections 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes with respondent.
2. As per the averments made by petitioner, respondent had taken the premises situated at Upper Ground Floor, Himalaya House, 23, Kasturba Gandhi Marg, New Delhi-110001 on rent and had entered into a lease deed with the owners of the abovesaid property on 12.07.2017. Thereafter separate Facilities Agreement was executed between petitioner and respondent on 21.08.2017 wherein respondent requested the petitioner to install and run and maintain an air-conditioning system of 44.5 tonnes capacity, electrical fittings and fixtures, furniture and 85 KVA power ba
Where a party defaults on contractual obligations and fails to contest a petition for arbitration, the court may appoint a sole arbitrator to adjudicate the dispute.
Court emphasized that a party's failure to respond to notices regarding breach of contract leads to the appointment of an arbitrator to resolve disputes, as stipulated by the Arbitration and Concilia....
Appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in cases of serious breach of lease terms.
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
The court appointed an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, reaffirming that disputes regarding lease agreements and arbitration initiation can be resolved th....
The central legal point established in the judgment is the appointment of a Sole Arbitrator in accordance with the arbitration clause, the objection to unilateral appointment, and the agreement betwe....
The main legal point established is the court's authority to appoint a sole arbitrator under Section 11(6) of the arbitration and Conciliation act, 1996 when the parties fail to mutually appoint one,....
Court has the authority to appoint a sole Arbitrator under Section 11 of the Arbitration and Conciliation Act when parties fail to fulfill contractual obligations.
The court applied the provisions of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator and ensure compliance before commencing the arbitration.
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