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ARAVIND KUMAR
Anil Enterprise Through Sole Proprietor Valimamad Dodepotra S/o Husen Dodepotra – Appellant
Versus
Garrison Engineer (I) – Respondent
ORDER :
1. This petition is filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short) for appointment of a sole arbitrator as proposed in paragraph 14 of the petition.
2. I have heard the arguments of Ms. Sheeja Nayar, learned counsel appearing for petitioner and Mr. Nikunt Raval, learned counsel appearing for respondents.
3. Petitioner is the sole proprietor of the firm M/s. Anil Enterprises and pursuant to three tenders floated by respondent no. 2, petitioner submitted its bids which came to be accepted on 30.06.2015. Petitioner claims to have completed the work and delivered the furniture as was required to be done under the work order issued during March, 2016 and as such, made a request for issuance of completion certificate and also sought for payment of balance amount of Rs. 66,43,950/-. On account of there being no reply, petitioner filed Special Civil Application No. 13944 of 2018, 13945 of 2018 and 13946 of 2018 seeking thereunder quashing of the communication dated 25.05.2017 issued by the respondent whereunder contract had been cancelled and demanded the outstanding amount with interest. Special Civil Applicati
The main legal point established is the enforcement of the arbitration clause and the appointment of a sole arbitrator to resolve the dispute.
The presence of an arbitration clause in contracts mandates resolving disputes through arbitration, validating a petitioner's request for an arbitrator nomination when invoked properly.
The court's decision emphasized the arbitrability of disputes and the appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996.
The court has the authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when the parties fail to agree on the appointment.
The main legal point established is the necessity of appointing an independent arbitrator to resolve disputes, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and rele....
Court has the discretion to appoint a new Arbitrator to continue unresolved arbitration proceedings, affirming continuity even after the previous Arbitrator's death.
The court has the authority to appoint a sole Arbitrator in accordance with the Arbitration Clause forming a part of the Contract.
The court affirmed that arbitration proceedings should be initiated to resolve disputes, even if a no-claim certificate is invoked, unless the claims are manifestly devoid of merit.
The court has the authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act if the respondent has no objection to the appointment.
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