Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Justice Sudesh Bansal, J
Fourth Dimension Infratech Pvt. Ltd – Appellant
Versus
Divija Construction – Respondent
| Table of Content |
|---|
| 1. arbitration application filed (Para 2) |
| 2. contract awarded to respondent (Para 3 , 5) |
| 3. claim of outstanding dues (Para 4) |
| 4. respondents claim of limitation (Para 6 , 7) |
| 5. applicant's rebuttal on limitation (Para 8) |
| 6. dispute between parties (Para 9) |
| 7. arbitration agreement exists (Para 10) |
| 8. issue of limitation (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 9. arbitration application succeeds (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
ORDER :
SUDESH BANSAL, J.
1. Heard counsel for both parties and perused the pleadings so also documents placed on record by the respective parties.
2. Instant arbitration application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the A&C Act") has been filed by the applicant for appointment of an Arbitrator in terms of Clause (xi) and (xviii) of the agreement dated 11.01.2018 to resolve the dispute arisen between parties out of such agreement. The execution of agreement dated 11.01.2018 between the parties is an undisputed fact and the arbitration agreement contended therein reads as under:-
"That in case of any dispute arises under this work order the same shall be referred to a panel of three arbitr
The High Court's jurisdiction under Section 11(6) of the Arbitration and Conciliation Act is limited to confirming the existence of an arbitration agreement, while issues of claims and limitations ar....
The court affirmed that failure to adhere to the dispute resolution procedure allows a party to invoke arbitration directly, emphasizing the importance of timely actions in contractual disputes.
An arbitration agreement remains valid and enforceable despite procedural limitations on arbitrator appointment, ensuring disputes are addressed effectively.
The main legal point established is that once an application is filed under Section 11(6) of the Arbitration and Conciliation Act 1996, the right of the opposite party to appoint the arbitrator cease....
The referral court's role under Section 11 of the Arbitration Act is limited to confirming the existence of an arbitration agreement, while substantive issues, including limitation, are to be resolve....
The main legal principle established is that the Court should not reject an application for appointment of an arbitrator at the threshold unless the claim is manifestly, ex-facie and hopelessly time-....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
