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SUJIT NARAYAN PRASAD
Kumar Sachin, Son of Late Harihar Prasad Sahu – Appellant
Versus
Manoj Kumar Sahu, Son of Late Ambika Prasad Sahu – Respondent
JUDGMENT :
The instant application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator.
2. The brief facts of the case, as per the pleadings made in the application, read as under:
The father of the applicants, namely, Late Harihar Prasad Sahu and his friend and business associate, Shri Kumud Prasad Sahu having interest in setting up business of manufacturing beer in the State of Jharkhand and incorporated a company in the name and style of “Pali Hills Breweries Private Limited’ in the year 2013.
The said Harihar Prasad Sahu had the technical knowledge of liquor business was the prime moving force behind setting up the said company and arranged finance from his personal resources, besides mortgaging his personal immovable properties in favour of Bank for establishing the said business. The Bank of India provided term loan facilities to the Company on the basis of security given by both Harihar Prasad Sahu and Kumud Prasad Sahu. The respondent herein is the nephew of Sri Kumud Prasad Sahu and applicants are the sons of said Harihar Prasad Sahu.
It is the case of the applicants that audited balance-sheet of the said company as on
The issue of non-arbitrability is required to be decided at the referral stage, and the Court has the jurisdiction to review the non-arbitrability aspects at the initial stage.
Issues of non-arbitrability arise in cases with ongoing criminal proceedings or where crucial agreements are disputed.
Appointment of Arbitrator - Existence of arbitration agreement - Plea of agreement being unstamped also does not prevent this court in appointing an arbitrator while exercising jurisdiction under sec....
Court has limited jurisdiction under Section 11 of Arbitration and Conciliation Act, 1996.
The court ruled that allegations of fraud do not negate the enforceability of an arbitration agreement, which operates independently from the underlying contract.
Point of Law : If an allegation of fraud can be adjudicated upon in course of a trial before an ordinary civil court, there is no reason or justification to exclude such disputes from ambit and purvi....
The main legal point established in the judgment is the validity and enforceability of the arbitration agreement, the arbitrability of the disputes, and the jurisdiction of the court to appoint an ar....
The existence of an arbitration agreement under Section 11(6) allows for disputes related to a memorandum of family settlement to be arbitrable, reinforcing the principle of kompetenz-kompetenz.
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