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DELHI HIGH COURT
SURESH KUMAR KAIT
Bharti P Patel – Appellant
Versus
Harcharan Singh Ranauta – Respondent
| Table of Content |
|---|
| 1. agreement and dispute details (Para 1 , 2 , 3 , 4) |
| 2. service of notice and respondent's non-appearance (Para 5 , 6) |
| 3. appointment of arbitrator and compliance standards (Para 7 , 8 , 9) |
| 4. disposal of the petition (Para 10) |
1. The present petition has been preferred under the provisions of Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes inter-se the parties.
2. As per the case of the petitioners, on 17.08.2020, the petitioners and the respondents entered into a Loan Repayment and Settlement Agreement whereby it was agreed that respondent No.1 would issue a post-dated cheque of Rs.12,05,50,191/- from his account for payment of the admitted liability. It is stated that respondent No.1 in conspiracy with other Directors of respondent No. 2, dishonestly issued a cheque of Rs.12,05,50,191/- from the dormant account of respondent No.2, which on presentation was returned. Thereafter, disputes arose between the parties.
3. Accordingly, a legal notice was sent by the petitioners to the respondents on 28.07.2021 calling upon them to pay Rs.12,05,50,191/- along with interest @
The court affirmed the need for compliance with contractually agreed arbitration clauses, appointing an arbitrator when parties fail to cooperate.
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 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.
In the absence of opposition, a court may appoint an arbitrator based on deemed service through electronic means for resolving contractual disputes.
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....
The failure to provide proof of service for a notice under S. 21 of the Arbitration and Conciliation Act does not divest the Court of its power under S. 11 to appoint an arbitrator when a valid 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....
Appointment of an arbitrator is essential when disputes arise from contractual agreements and non-compliance with demand notices, reinforcing the obligations under the Arbitration and Conciliation Ac....
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