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IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR
Paisalo Digital Limited (Formerly Known As S. E. Investments Limited) – Appellant
Versus
Sun Corp – Respondent
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR, J.
1. The present Petition, filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 , Act seeks appointment of a Sole Arbitrator for the purpose of resolution of disputes that are stated to have arisen inter se the parties arising out of the Clause 20 as set out inHypothecation/Loan Agreement dated 02.03.2015. The said clause reads as follows:
“20. Any conflict, difference, controversies, or disputes arising between the parties, if not resolved mutually, shall be submitted/referred to the arbitration of the Sole Arbitrator. The notices like Demand Notice, Loan Recall - cum - Demand Notice and/or telephonic conversations/ mails shall be deemed to be sufficient proof for opportunity given to the Borrower and/ or Guarantor(s) for resolving the issues and efforts of Amicable Settlement made by the Company.
The Borrower and Guarantor (s) hereby agree and give their free consent to the Company i.e. SEIL to appoint I nominate any person/ professional as Sole Arbitrator without any prior consent or reference to them. Such rights of appointing an arbitrator are not questionable by the Borrower and /or the Guarantor (s). The notice for Ap
The court held that its review under Section 11(6) is limited to confirming the existence of an arbitration agreement, without delving into substantive disputes, which is for the Arbitrator to decide....
The court confirmed that a prima facie arbitration agreement exists under Section 11(6) of the Arbitration and Conciliation Act, limiting judicial scrutiny to the agreement's existence, deferring sub....
Judicial scrutiny under Section 11 of the Arbitration Act is limited to the prima facie existence of an arbitration agreement, with substantive issues reserved for the arbitral tribunal.
The referral court under Section 11 of the Arbitration and Conciliation Act must determine the prima facie existence of an arbitration agreement and appoint an arbitrator if satisfied.
(1) Invocation of arbitration – Execution of discharge voucher – There is no rule of absolute kind which precludes arbitration in cases where a full and final settlement has been arrived at.(2) Invoc....
The appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act requires only a prima facie examination of the arbitration agreement's existence, with mixed questions of law....
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