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PANKAJ BHANDARI
Tirupati Balaji Furnaces Private Limited – Appellant
Versus
Jaswant Singh – Respondent
ORDER
1. The applicant has filed this arbitration application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act of 1996") seeking appointment of a sole arbitrator for resolution of the disputes between the parties.
2. It is pleaded in the application that a Memorandum of Understanding (hereinafter referred to as "the MOU") was executed between the parties on 07.10.2017. Clause 13 of the MOU provided that in case of any dispute, the same shall be settled by mutual negotiations and failing which the dispute shall be referred to arbitration as per the provisions of the Act of 1996. It is also pleaded in the application that a legal notice was issued on 16.03.2019 to make the payment of demanded amount and in case of non-compliance, to refer the disputes to the sole arbitrator. A reply was received from the non-applicants wherein they declined appointment of the sole arbitrator.
3. Reply to the application has been filed by the respondents. It is stated in the reply by the non-applicants that the matter was filed before the National Company Law Tribunal (hereinafter referred to as "the NCLT") and reply was filed by the non- applicants.
Pendency of proceedings before another tribunal does not preclude the Court from appointing an arbitrator under Section 11(6) of the Act of 1996.
The court clarified that post-2015 amendments, its role under Section 11 is limited to verifying the existence of an arbitration agreement, with other issues, including limitation, to be resolved by ....
The main legal principle established in the judgment is the court's authority to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when a dispute arises and no arbi....
The appointment of the arbitrator must be in accordance with the arbitration agreement and must satisfy the provisions of the arbitration act.
Appointment of Arbitrator - Issue with respect to arbitrability of dispute is to be decided by Arbitrator.
The main legal point established is the court's adherence to the narrow examination of the existence of an arbitration agreement under Section 11(6A) and the emphasis on expeditious disposal of Secti....
The court appointed an arbitrator as the parties consented to arbitration under the existing arbitration clause, complying with statutory requirements.
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