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DELHI HIGH COURT
SURESH KUMAR KAIT
MBL Infrastructures Limited – Appellant
Versus
Pradeep Colonisers and Suppliers Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. petition filed under section 11(6) of arbitration act. (Para 1 , 2) |
| 2. details of the work order and compliance issues. (Para 3 , 4 , 5) |
| 3. disputed claims and agreement on arbitrability. (Para 6) |
| 4. appointment of sole arbitrator and conduct of arbitration. (Para 7 , 8 , 9) |
| 5. disposition of petition and order for action. (Para 10 , 11) |
The hearing has been conducted through video conferencing.
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 respondent.
2. Petitioner-company, registered under the Companies Act, 1956, was awarded the work of restoration of Narayanpur Sub Distributary and Nawada Sub Distributary under Restoration Work of Western Gandak Canal System, Bihar (Saran Main Canal and its distribution system) (New Major ERN) from the Government of Bihar and a contract was executed between the respondent and the Executive Engineer Saran Canal Division, Gandak Project Marhowrah, Government of Bihar. Subsequently, petitioner executed a Work Order No.02/101/5000/02035-I/2015/335 dated 25.08.2015 in favour of the respon
The court has the authority to appoint a sole Arbitrator when disputes arise under an arbitration clause and the responding party does not object to the appointment.
The court confirmed the validity of invoking arbitration under the Arbitration and Conciliation Act when disputes arise over contract performance and payment.
The court's decision emphasizes the validity of invoking arbitration in accordance with the arbitration clause of the work order and the importance of compliance with Section 12 of the Arbitration an....
Unilateral appointment of an arbitrator is impermissible; parties must appoint an arbitrator jointly or seek court appointment to ensure unbiased dispute resolution.
The court ruled that a Sole Arbitrator is to be appointed to resolve disputes under the contract due to the respondent's failure to meet contractual obligations.
Arbitration Agreement - Appointment of - The learned Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
Court can appoint an arbitrator when both parties consent to arbitration for resolving disputes, even amidst contractual disagreements.
The court appointed a sole arbitrator to resolve contractual disputes under the Arbitration and Conciliation Act, 1996, affirming the parties' mutual agreement for arbitration.
The court affirmed that the disputes between the parties were arbitral in nature and appointed a sole arbitrator under the Arbitration and Conciliation Act, 1996.
Unilateral appointment of an Arbitrator by one party is void under the Arbitration and Conciliation Act, reinforcing the need for impartial adjudication by the court.
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