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DELHI HIGH COURT
SURESH KUMAR KAIT
Sidharth Sawhney – Appellant
Versus
French Bakery Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. dispute background regarding lease and payment defaults. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. legal actions taken for payment recovery. (Para 8 , 9) |
| 3. appointment of arbitrator for dispute resolution. (Para 10 , 11 , 12) |
| 4. final order disposing the petition. (Para 13 , 14) |
1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 read with Section 2 of the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Court, 2015 seeking appointment of sole Arbitrator to adjudicate the disputes with respondents.
2. Respondent no.1 is a private limited company and engaged in the business of patisseries/bakery retail operations. Respondent no.2 is the Managing Director of the company and respondent no.3 is the Chairman and also one of the Director of the company, however, none has appeared on behalf of the respondents.
3. As per office report from Registry, service report qua notice to respondents through courier, speed post, email, fax and Whatsapp is awaited. Further, as per the office report from the Registry, notice sent to respondent no.1 through the ordinary post is served.
4
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 main legal point established in the judgment is the court's authority to appoint a sole arbitrator to adjudicate disputes under the Arbitration and Conciliation Act, 1996, in cases where one part....
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
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 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....
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.
Appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in cases of serious breach of lease terms.
Disputes arising from lease agreements are arbitrable, and consent for appointment of an arbitrator by the court can be given when one party fails to designate an arbitrator as per the lease agreemen....
The court appointed a sole Arbitrator to resolve disputes following a consented arrangement among parties, acknowledging interlinked agreements under the Arbitration and Conciliation Act, 1996.
The court ruled that appointment of a Sole Arbitrator is warranted when parties are unable to reach consensus despite attempts for amicable resolution under the Arbitration and Conciliation Act, 1996....
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