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HIGH COURT OF GUJARAT
SA,CJ
JCC INDIA PRIVATE LIMITED – Appellant
Versus
OIL AND NATURAL GAS CORPORATION – Respondent
ORDER :
SUNITA AGARWAL, C.J.
Heard the learned advocates for the parties and perused the record.
2. The present petition seeking for appointment of the Arbitration invoking Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short as ‘the Act, 1996) has been filed for adjudication of the dispute between the petitioner and the respondent in relation to the contract dated 15.09.2004 and 27.05.2008, as is clear from the prayer clause of the present petition.
3. The record indicates that a notice dated 16th May, 2019 was sent by the petitioner to the respondent ONGC with various claims indicated in the table stating that the petitioner had been deprived of its contractual rights by the ONGC and its legitimate claims have been withheld for a long time. The notice itself indicates the statement of the petitioner that it has been chasing the ONGC for more than a decade.
4. A perusal of the notice further indicates that the claims were made mainly with respect to HSD Hike pertaining to the three contracts namely agreement dated 28th April, 2023, 19th February, 2024 and 5th March, 2014. On receipt of the said notice, the respondent ONGC replied vide communication dated 04.09.2019, w
Proper invocation of arbitration clauses is essential for claims to be valid; failure to do so results in dismissal of the petition.
An application for arbitration under Section 11(6) requires prior notice invoking arbitration; failure to comply with this requirement results in dismissal.
The Chief Justice can appoint arbitrators under Section 11 of the Arbitration Act and determine issues of jurisdiction and validity of claims, while disputes over notification receipt are left for re....
The claims were notified within the stipulated period and submitted along with the final bill in accordance with Clause 6.6.3.0 of the GCC, making the disputes arbitrable under Clause 9.1.0.0.
The main legal point established is the applicability of Section 11(6) of the Arbitration and Conciliation Act, 1996, in cases where a party fails to appoint an arbitrator within the stipulated time ....
The main legal point established is the limited scope of examination under Section 11 of the A&C Act, which focuses solely on the existence of an arbitration agreement.
A petition for arbitration under Section 11(6) is not maintainable against a party if no notice under Section 21 of the Arbitration Act has been issued.
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.
The main legal point established is that the filing of a petition under Section 11(6) of the 1996 Act is not subject to a period of limitation and is covered by the residual provision Article 137 of ....
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