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SUNITA AGARWAL, PRANAV TRIVEDI
Turnrest Rescources Private Limited – Appellant
Versus
Kalupur Commercial Co Operative Bank Limited – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI)
[1] The present Letters Patent Appeal under Clause 15 of the Letters Patent is filed by the appellants – original petitioners assailing the correctness and validity of the judgment and order dated 12.09.2024 passed by the learned Single Judge in Special Civil Application No.12142 of 2024.
[2] The prayers made by the appellants - original petitioners in the writ petition before the learned Single Judge was to declare that respondent No.2 has not been eligible to act as an Arbitrator under Section 84(5) of the Multi State Cooperative Societies Act, 2002 (hereinafter referred as to "the Act, 2002") and Section 12 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as to "the Act, 1996"). It was also prayed by the petitioners to set aside the order dated 01.08.2024 passed by the respondent No.2.
[3] Learned Single Judge after considering the averments as well as the contentions raised by both the sides was pleased to dismiss the writ petition by impugned order dated 12.09.2024 observing that no interference was required in order dated 01.08.2024 passed by the respondent No.2. However, liberty was reserved in favour of
The court affirmed that statutory arbitration procedures were followed, and the appellants could not challenge the arbitrator's appointment after agreeing to arbitration in the loan agreement.
Statutory arbitration under the Multi-State Cooperative Societies Act governs disputes between cooperatives and members, with a 6-year limitation period applying, overriding general limitation laws.
Arbitral award liable to be set aside under Section 34 for patent illegality where arbitrator assumes jurisdiction under Section 84 of Multi-State Cooperative Societies Act without proof of borrowers....
Court clarified that initial appointment of an Arbitrator must derive authority from the Arbitration Act, rejecting jurisdiction under Section 8 and confirming that participation does not waive juris....
The unilateral appointment of a Sole Arbitrator by one party, without proper invocation under the Act, is invalid and constitutes an abuse of the process of law.
Participation in arbitration without objection constitutes a waiver of the right to challenge the appointment of the arbitrator, as per Sections 4 and 12 of the Arbitration and Conciliation Act.
The appointment of a sole arbitrator deviated from the statutory requirements and terms of the arbitration agreement, making proceedings invalid under the Arbitration and Conciliation Act, 1996.
Point of law: As per the legal position settled by the Supreme Court in catena of judgments, the High Court has the jurisdiction under Section 11(6) of the said Act to nullify the appointments made b....
A partner lacks authority to represent a firm in arbitration without the express consent of other partners, and appointment of a substitute arbitrator requires adherence to agreed procedures under th....
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