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M. SUNDAR
Chitale & Son, Represented by Kapil S. Chitale – Appellant
Versus
Arshakerala Ayurveda Medical Innovations Private Limited, Kerala – Respondent
JUDGMENT
(Prayer: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint the respondent’s nominee Arbitrator in terms of the Agreement dated 28.10.2016 to adjudicate the disputes that have arisen between the Petitioner and the Respondent.)
1. This order will dispose of the captioned Arb OP. This order has to be read in conjunction with and in continuation of earlier proceedings made by this Court in the previous two listings on 31.01.2022 and 22.02.2022, which read as follows:
‘Proceedings dated 31.01.2022
Issue notice to the respondent, returnable on 22.02.2022. Private note is also permitted.
Proceedings dated 22.02.2022
Mr.K.Sarveshwar, learned counsel of M/s.Giridhar and Sai (Law Firm) on behalf of the petitioner is before this virtual Court.
2. Captioned Arb OP has been presented in this Court on 26.11.2021 under Section 11(6) of ‘The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)’ [hereinafter ‘A and C Act’ for the sake of brevity].
3. Hon’ble Predecessor Judge in and by proceedings made in the listing on 31.01.2022 has ordered notice and permitted private notice also. Respondent has been duly serv
The Court has the authority to downsize the number of members of an Arbitral Tribunal in a Section 11 legal drill based on the nature of arbitrable disputes and other determinants.
The main legal point established is the court's adherence to the narrow examination of the existence of an arbitration agreement under Section 11(6A) and the emphasis on expeditious disposal of Secti....
The main legal point established in the judgment is the court's authority to appoint a sole arbitrator based on the existence of an arbitration agreement, in accordance with the statutory provisions ....
The main legal point established in the judgment is the narrow scope of examination of the existence of an arbitration agreement under Section 11(6) of The Arbitration and Conciliation Act, 1996, as ....
The main legal point established in the judgment is the narrow scope of examination of the existence of an arbitration agreement under Section 11 of the Arbitration and Conciliation Act, 1996, and th....
The central legal point established in the judgment is the narrow scope of examination under Section 11(6A) of the Arbitration and Conciliation Act, 1996, confining the court's intervention to the ex....
The main legal point established in the judgment is that the statutory perimeter under Section 11(6A) of the Arbitration and Conciliation Act, 1996, confines the examination of the existence of an ar....
The Court's decision was influenced by the narrow interpretation of Section 11(6A) of The Arbitration and Conciliation Act, 1996, as discussed in the Mayavati Trading case law and Duro Felguera princ....
The main legal point established in the judgment is the limited scope of a legal drill under Section 11 of the Arbitration and Conciliation Act, 1996, and the expeditious disposal of petitions under ....
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