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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Mahesh Chand Khandelwal - Appellant
Versus
Delhi Hardware Stores - Respondent
Arb.P. 293 of 2022
Decided On : 19-04-2022
| Table of Content |
|---|
| 1. dispute arises from partnership deed. (Para 1 , 2) |
| 2. arguments presented regarding disputes and counterclaims. (Para 3 , 4 , 5) |
| 3. referral to arbitration and arbitrator's duties. (Para 6 , 7 , 8) |
| 4. final order disposing the petition. (Para 9) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioners seek appointment of the Arbitrator and reference of disputes to the Arbitral Tribunal pursuant to the partnership deed dated 17.01.2019.
2. The two Petitioners and respondent no. 2 are partners of respondent no. 1 concern.
3. Learned Senior Counsel for the petitioner submits that certain disputes have arisen consequent to which the disputes need to be referred to the Arbitral Tribunal.
4. Mr. Brajendra Khandelwal - respondent no. 2 who is connected over video conferencing, submits that the fault lies with the petitioners as they are the one who have not paid any income tax or government dues for the last several years. He submits that he would also have certain counter-claims against the petitioner for their defaults.
5. Without prejudice to the above, learned Senior Counsel for the petitioner as well as respondent no. 2 pray that the parties be referred to Delhi International Arbitration Centre.
6. Accordingly with the consent of the parties, the disputes, inter-alia, claims and counter-claims are referred to the Delhi International Arbitration Centre (DIAC), which would appoint an arbitrator to arbitrate the disputes. The arbitration shall take place under the aegis of the DIAC in accordance with its rules and regulations.
7. The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.
8. The arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within one week of entering reference.
9. Petition is disposed of in the above terms.
Parties in a partnership may resolve disputes through arbitration as per their agreement and consent, including provision for fees and necessary disclosures.
The court ruled that mutual consent between the parties allows for the appointment of an Arbitral Tribunal under the Arbitration and Conciliation Act, with stipulations on fees and disclosures.
Arbitration disputes can be referred to the designated arbitration body with mutual consent from both parties, ensuring compliance with procedural requirements as stipulated by relevant statutes.
The court confirmed that disputes can be referred to arbitration with mutual consent under the Arbitration and Conciliation Act, ensuring adherence to procedural rules.
The court affirmed that disputes arising from a common contract can be referred to an Arbitral Tribunal if both parties consent to the arbitration venue.
The court referred the lease agreement disputes to arbitration at the Delhi International Arbitration Centre, following the respondent's non-objection to this referral.
Disputes arising from a work agreement must be referred to arbitration when an arbitration clause exists, regardless of claims under consideration.
The court confirmed the validity of arbitration clauses in contracts and emphasized procedural adherence under the Arbitration and Conciliation Act, ensuring transparency through mandatory disclosure....
Disputes between parties can be referred to arbitration, including the allowance for counterclaims, as governed by the Arbitration and Conciliation Act.
Common arbitral tribunal can be formed for disputes arising from multiple agreements between the same parties, fostering efficiency under the Arbitration and Conciliation Act, 1996.
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