Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SUDESH BANSAL
Compucom Software Ltd. – Appellant
Versus
Rajcomp Info Services Limited – Respondent
Order :
SUDESH BANSAL, J.
1. Heard counsel for both the parties and perused the record.
2. This is an arbitration application filed by the applicant under Section 11 of the Arbitration & Conciliation Act, 1996 for appointment of an arbitrator to resolve/ settle the dispute, in respect of non-clearance of pending bills of applicant by the respondent. The arbitration agreement, finds place in Clause6.38 of tender document reads as under:-
“Any dispute existing out of contract shall be settled according to the provision of arbitration and conciliation act, 1996.”
3. Having heard counsel for both the parties and from perusal of the respective pleadings and documents enclosed therewith, it transpires that the applicant stood as a successful bidder, in the NIB no. F4.3(159)/RISL/Tech/15/14316 dated 25.02.2021, issued by the respondent-RISL, a contract was awarded in his favour which was required to be completed in terms of four milestones detailed out in para No.4.4 of the tender document which reads as under:-
| Sr | Milestone | Deliverable | Time Frame | Payment terms |
| 1 | Design, Requirement Analysis (as per Section 4.3.1 of this RFP) | Business Requirement & analysis Document | T1=T0 + 1 month | 10% payment of Sr. No |
The existence of an arbitration agreement is sufficient for appointing an arbitrator, despite claims of alternative statutory remedies.
The court ruled that issues of limitation and jurisdiction are to be determined by the arbitrator, not by the court at the pre-reference stage under Section 11 of the Arbitration and Conciliation Act....
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....
An application for appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 is maintainable despite previous delays, as no arbitral proceedings were initiated un....
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 limitation for filing an application under Section 11 of the Arbitration Act arises upon the failure to make the appointment of the arbitr....
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 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....
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
