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M. SUNDAR
Sukhvinder Singh – Appellant
Versus
Mahindra & Mahindra Financial Services Ltd. , Mumbai – Respondent
JUDGMENT
(Prayer: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to
a) terminate the appointment of the Second Respondent by the First Respondent in the impugned Arbitration proceedings bearing Ref Nos.AUG 2020-NPA-P1/6027019/JR_W127/2020 for the loan agreement No.6027019 dated 22nd February 2019, AUG-2020-NPA-P1/5721681/JR_W62/2020 for the loan Agreement No.5721681 dated 13th October 2018, AUG-2020-NPAP1/ 6032651/JR_W92/2020 for the loan Agreement No.6032651 dated 25th February 2019, AUG-2020-NPA-P1/5962031/JR_W115/2020 for the loan Agreement No.5962031 dated 22nd January 2019 and AUG-2020-NPAP1/ 5917333/JR_W148/2020 for the loan Agreement No.5917333 dated 29th December 2018 respectively;
b) appoint an independent Sole Arbitrator to adjudicate the disputes between the parties which arise out of loan agreement bearing Nos.6027019 dated 22nd February 2019, 5721681 dated 13.10.2018, 6032651 dated 25th February 2019, 5962031 dated 22nd January 2019 and 5917333 dated 29th December 2018 respectively.
c) direct the respondents to pay the costs of this petition to the petitioner.)
Common order
1. This common order will govern t
The court protected the petitioners' rights to challenge arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996, and preserved all questions and contentions for possible Secti....
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 emphasized the importance of providing a fair opportunity to parties in arbitration proceedings and applied the summary procedure for challenges to arbitral awards as provided in the MHC Ar....
The court emphasized the importance of seeking redressal through the appropriate legal channels, preserving the rights of the petitioner while disposing of the limited legal drill under Section 11 of....
The court confirmed that the arbitration agreement met statutory requirements, leading to the appointment of an arbitrator to resolve disputes.
A unilateral right of appointment for an arbitrator in an arbitration agreement is impermissible; however, notice of intent to arbitrate, even when lacking technical precision, can suffice for procee....
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