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ARAVIND KUMAR, HEMANT M. PRACHCHHAK
VARSHABEN NARANBHAI DANTANI – Appellant
Versus
RADHESHYAM TARACHAND AGRAWAL – Respondent
JUDGMENT :
ARAVIND KUMAR, J.
1. These intra-court appeals are directed against the common oral order dated 27.9.2021 passed in Special Civil Application No. 2425 of 2021 with Special Civil Applications Nos. 2473 of 2021, 2897 of 2021, 2901 of 2021 and 2899 of 2021 whereunder learned Single Judge has set aside “so called order passed by respondent No. 11 herein masquerading as an Arbitrator” by exercising the extra-ordinary jurisdiction vested under Article 226 of the Constitution of India on two grounds, namely (i) on an affidavit/declaration on oath submitted by 11th respondent that such orders came to be passed by him was on account of mistake and undertaking given to the Court that he would not conduct any arbitration proceedings in future; (ii) private respondents namely, appellants herein also undertaking that they would take all necessary steps to undo the damage which had been caused on account of the order passed by the 11th respondent.
2. The short facts shorn off unnecessary details for disposal of these appeals can be crystalised as under:
Point of Law : S.13(2) provides that a party who intends to challenge appointment of an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or afte....
Point of Law- The Arbitration Act itself gives various procedures and forums to challenge the appointment of an arbitrator. The framework clearly portrays an intention to address most of the issues w....
The High Court lacks jurisdiction to review an order passed under Section 11 of the Arbitration and Conciliation Act, 1996, as the Act is a self-contained code and the Court becomes functus officio u....
Principles of Order 23 Rule 1 of the Code of Civil Procedure, prohibiting fresh litigation on the same cause of action without leave of the court after abandonment, apply to applications for the appo....
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the agreed procedure in the contract. If the appointment is not in line with the a....
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