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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 :
1. Heard counsel for both parties and perused the pleadings so also documents placed on record by the respective parties.
"That in case of any dispute arises under this work order the same shall be referred to a panel of three arbitrators. One arbitrator shall be appointed by each party and the both these arbitrators would appoint the third arbitrator. The decision of the panel of arbitrators shall be final and binding on both the parties to this work order. The arbitrators shall deliver their decision within a period of three months from the date of their appointment. The provisions of the arbitration and conciliation act, 1996 as amended from time to time shall apply on the proceedings of the arbitration. The venue of the arbitration sh
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-....
The main legal point established in the judgment is that the limitation for filing an application under Section 11 of the Arbitration Act arises upon the failure to make the appointment of the arbitr....
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