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DELHI HIGH COURT
SANJEEV SACHDEVA
Tata Capital Financial Services Ltd. – Appellant
Versus
Abhijit Mishra – Respondent
| Table of Content |
|---|
| 1. incorrect claims of wilful default. (Para 5 , 6) |
| 2. merits to be adjudicated in arbitration. (Para 7 , 8) |
| 3. mediation attempts and disputes overview. (Para 10 , 11 , 12 , 13) |
| 4. appointment and conduct of an arbitrator. (Para 14 , 15 , 16) |
| 5. conclusion of the arbitration petition. (Para 17) |
JUDGMENT
Sanjeev Sachdeva, J.
I.A. 1653/2022 (Exemption)
Allowed, subject to all just exceptions.
I.A. 1651/2022 (interim dir)
1. The applicant/respondent submits that the application has become infructuous.
2. Accordingly, the application is dismissed as infructuous.
I.A. 1652/2022 (dir)
3. The applicant/respondent seeks leave to withdraw the application.
4. The application is dismissed as withdrawn.
Crl. M.A. 1871/2022 (under Section 340 Cr. P.C)
5. This is an application on behalf of the respondent under Section 340 Cr. P.C read with Section 195 Cr.P.C. It is contended by the respondent/applicant that petitioner have incorrectly claimed the respondent to be a wilful defaulter. He further submits that there is also an alleged illegal submission that there is a demand promissory note executed by the respondent.
6. Further it is contended that the petitioner has incor
The court's decision emphasized the importance of adjudicating certain matters through arbitration and the inapplicability of certain contentions for the arbitral proceedings.
Settlement of dispute leading to withdrawal of arbitration application
The court reaffirmed that a full and final settlement of disputes renders the matter non-arbitrable, limiting the court's jurisdiction under Section 11(6) to the existence of an arbitration agreement....
The court emphasized that the requirements of Section 14 of the Arbitration Act must be satisfied for the termination of the Arbitral Tribunal's mandate and that the court does not have the power to ....
Court affirmed the validity of arbitration clauses for dispute resolution when parties agree, even after unsuccessful negotiations.
A fresh reference to an Arbitral Tribunal is warranted when a prior arbitration award is set aside under Section 34 of the Arbitration and Conciliation Act, ensuring continuity in resolving contract-....
Parties involved in arbitration may withdraw petitions and seek recourse before appointed arbitrators to maintain their rights under the Arbitration and Conciliation Act.
A party cannot terminate the mandate of an Arbitral Tribunal under the Arbitration and Conciliation Act without satisfying statutory conditions, especially when allegations of bias are unsubstantiate....
Parties can mutually consent to refer disputes to arbitration despite disagreements on pre-arbitration steps taken.
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