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DELHI HIGH COURT
SURESH KUMAR KAIT
Rahul Sharma – Appellant
Versus
Rattan India Enterprises Ltd. – Respondent
| Table of Content |
|---|
| 1. petition under arbitration and conciliation act (Para 1) |
| 2. detail of agreements and appointments (Para 2 , 3) |
| 3. breach of contractual and fiduciary duties (Para 4 , 5) |
| 4. arbitration notice and party responses (Para 6 , 7) |
| 5. court observations on respondent's presence (Para 8 , 9) |
| 6. appointment of sole arbitrator (Para 10 , 11 , 12) |
| 7. disposal of the petition (Para 13 , 14) |
1. The present petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes inter-se the parties.
2. Learned counsel for petitioner submits that petitioner is promoter of respondent No.2 & respondent No.1 is a company incorporated under the Indian Companies Act, 1956. Shareholders' Agreement dated 28.04.2021 was entered into between petitioner and respondents & Share Subscription Agreement dated 28.04.2021 was entered into between petitioner and respondent No.1 to 6.
3. Learned counsel for petitioner submits that upon execution of aforesaid Agreements, in terms of Clause 3.7 of Shareholders' Agreement dated 28.04.2021, the nominee of respondent No.1 was appointed as the Chief Fina
The court confirmed the arbitrability of disputes arising from contractual breaches and appointed a sole Arbitrator as per the Arbitration and Conciliation Act, 1996, ensuring all matters remain open....
The court emphasized the arbitrability of the disputes and the appointment of an independent arbitrator to consider all issues raised by the parties.
The presence of a Dispute Resolution Clause in arbitration agreements necessitates the appointment of arbitrators to resolve disputes, ensuring compliance with statutory requirements.
Court has the discretion to appoint a new Arbitrator to continue unresolved arbitration proceedings, affirming continuity even after the previous Arbitrator's death.
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
The court affirmed that parties can consent to arbitration, and disputes arising from a loan agreement are valid for arbitration under the Arbitration and Conciliation Act, 1996.
The court has the authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when the parties fail to agree on the appointment.
The existence of an arbitration clause in an agreement, the arbitrability of disputes, and the fulfillment of necessary ingredients for the appointment of an arbitrator under the Arbitration Act are ....
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.
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
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