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DELHI HIGH COURT
NEENA BANSAL KRISHNA
Esha Kedia – Appellant
Versus
Milan R. Parekh – Respondent
| Table of Content |
|---|
| 1. factual disclosure of arbitration dispute (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments against validity of mous and arbitration (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 23 , 24 , 26 , 27 , 28 , 29 , 34 , 35) |
| 3. court's appointment of arbitrator (Para 22 , 37 , 38 , 39 , 40 , 41 , 42) |
| 4. group of companies doctrine's application (Para 30 , 31 , 32 , 33) |
| 5. conclusion and order of petition dismissal (Para 43) |
JUDGMENT
Neena Bansal Krishna, J.
1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `A&C Act, 1996') seeking appointment of an independent and impartial arbitrator for adjudication of disputes having arisen between the parties.
2. It is submitted that the respondent Nos. 1 and 2 are brothers and are in the business of share broking for the last 35 years. The respondent No. 3-M/s Action Financial Services India Limited is a Company registered under the provisions of Companies Act, 1956, having its registered office at 31, Rajgir Chambers, 4th Floor, 12/14, ShahidBhagat Singh Road, Fort, Mumbai and is listed with Bombay Stock Exchange through respo
A binding arbitration agreement exists despite challenges to the validity of accompanying contracts, with disputes to be resolved by an appointed arbitrator.
Non-signatories can be bound by arbitration agreements based on their conduct and involvement in the contractual relationship.
The issue of non-arbitrability is required to be decided at the referral stage, and the Court has the jurisdiction to review the non-arbitrability aspects at the initial stage.
The court confirmed that an arbitration agreement exists between the parties, supporting the connection between two MOUs and allowing for the appointment of a sole arbitrator to resolve disputes aris....
Scope of an arbitration agreement is limited to the parties who entered into it and those claiming under or through them, Courts under English Law have, in certain cases, also applied the 'Group of C....
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