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NUPUR BHATI
Movie Time Cinemas Private Limited – Appellant
Versus
Chetak Cinema, Through Its Partner, Mr. Saifuddin Bhalamwala – Respondent
JUDGMENT :
Nupur Bhati, J.
1. The present Arbitration Application has been filed by the applicant under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘Act of 1996’) seeking appointment of an Arbitrator to resolve the disputes between the parties in accordance with the provisions contained in the Act of 1996 and the arbitration agreement contained in Clause 12.10 of the registered Lease Deed dated 11.01.2023. It is also prayed that the Court may direct the arbitration proceedings to be conducted at Jodhpur, taking into account the distinction between the seat of arbitration and venue thereof. Certain other ancillary relief(s) have also been sought by the appellants.
2. Briefly stated, the facts of the case are that the applicant and respondent entered into a registered Lease Deed dated 11.01.2024 (Annex. 2), whereby it was agreed that the respondent would hand over the possession of 5th Floor and 6th Floor of the Chetak Mall situated in Udaipur, Rajasthan, to the applicant. After the possession of the said premises was handed over to the applicant on 01.05.2023, the respondent tried creating third party rights over the said premises.
3. Thus, aggrieved of the said actions
The court reaffirmed that the existence of an arbitration agreement is sufficient for appointing an arbitrator, emphasizing minimal judicial interference in arbitration processes.
The jurisdiction for appointing an arbitrator lies with the court where the principal agreement was executed, as per Section 11(6), despite a venue specified in an ancillary agreement.
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 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....
An arbitrator's appointment must adhere to the agreed procedure; failure to do so renders the appointment invalid under Section 11(6) of the Arbitration Act.
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