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SUJIT NARAYAN PRASAD
Empire Industries Limited – Appellant
Versus
Hindustan Copper Limited through its Chairman Cum Managing Director – Respondent
JUDGMENT :
The instant application under Section 11(6) of the Arbitration & Conciliation Act, 1996 has been filed seeking a direction for appointment of sole Arbitrator for resolution of dispute in view of arbitration clause as contained under Clause 16 of the Purchase Order dated 17.01.2017.
2. The brief facts of the case, as per the pleading made on behalf of the petitioner-applicant, reads as under:
The petitioner/applicant is a public limited company incorporated under the Companies Act. The respondent-Hindustan Copper Limited (HCL) floated tender to make blowing system of the converter economical, in which, the petitioner participated and declared successful. Pursuant thereto, the respondent issued Purchase Order dated 17.01.2017. In terms of Purchase Order, the petitioner-company completed supplies and submitted invoice amounting to Rs. 10,92,43,873.72 including GST. The respondent-HCL paid a sum of Rs. 5,20,27,121.86 during the period March, 2018 to June, 2018, however, balance bill amount was never paid by the respondent-HCL.
It is the case of the petitioner that the present application is necessitated in view of dispute which arose out of letter dated 13.11.2021 whereby and wh
The main legal point established in the judgment is the court's power to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when no arbitrator has been appointed ....
The court has the authority to appoint a new arbitrator to adjudicate disputes when the earlier arbitrator withdraws from the proceedings, and the petitioner would suffer prejudice without a new arbi....
The court has the authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when the parties fail to agree on the appointment.
The main legal point established in the judgment is that due to the amendment in the Arbitration and Conciliation Act, 1996, it is no longer permissible for a party or its official to act as an Arbit....
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
Strict enforcement of arbitration agreement and the law does not permit either party to act as an arbitrator or appoint the arbitrator to arbitrate on the disputes.
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