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DELHI HIGH COURT
NEENA BANSAL KRISHNA
G.D. Builders – Appellant
Versus
KLJ Developers Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. appointment of arbitrator due to disputes. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments against limitation of arbitration petition. (Para 9 , 10) |
| 3. limitations and rights in arbitration cases. (Para 11 , 12) |
| 4. final orders and arbitration process directives. (Para 13 , 14) |
JUDGMENT
1. A petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the Act") has been filed for appointment of the Arbitrator to adjudicate the disputes between the parties.
2. It is submitted in the petition that the respondent issued a Letter of Intent bearing reference No.KLJ/TP/(FBD)2010-11/06 on 19.07.2010for total contractual amount of Rs.3,37,59,109/-. The Work Order KLJ/TP/FBD/2010-11/07 dated 30.07.2010 containing terms and conditions of the work was issued in favour of the petitioner Partnership Firm.
3. During the course of execution of the work, the respondent made eleven amendments in the Agreement thereby decreasing and increasing the contract amount to Rs.4,53,42,743/-.
4. The petitioner completed the entire work of Faridabad i.e. Plumbing work, civil work and external development work of Pocket A and G in April, 2017 an
The court ruled that claims for arbitration were not patently barred by limitation, allowing the petition to proceed despite challenges on this ground.
Arbitration clauses must be honored, and disputes regarding limitation can be addressed by the arbitrator, reinforcing that claims raised by either party do not void the arbitration process.
Claims for arbitration may not be barred by limitation where disputes involve mixed questions of fact and law, and both parties may present defenses to the arbitrator.
The court has the authority to appoint a sole Arbitrator when disputes arise under an arbitration clause and the responding party does not object to the appointment.
The court's decision emphasizes the validity of invoking arbitration in accordance with the arbitration clause of the work order and the importance of compliance with Section 12 of the Arbitration an....
The court upheld the validity of the arbitration agreement and recognized the petitioner’s adherence to the procedural requirements for arbitration, irrespective of the respondent's claims regarding ....
The court upheld the arbitrability of disputes arising from contractual obligations, appointing a sole arbitrator under the Arbitration and Conciliation Act.
Court under Section 11(6) appoints arbitrator upon undisputed invocation of arbitration clause in contract, permitting respondents to raise limitation and merits objections before tribunal.
The court confirmed the validity of invoking arbitration under the Arbitration and Conciliation Act when disputes arise over contract performance and payment.
Arbitration Agreement - Appointment of - The learned Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
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