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M. SUNDAR
Okaya Infocom Pvt. Ltd. , Rep. by its Authorised Representative, New Delhi – Appellant
Versus
Electronic Corporation of Tamil Nadu Ltd. , (ELCOT), Rep. by its Managing Director, Chennai – Respondent
JUDGMENT
(Prayer: Arbitration Original Petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 to appoint an sole arbitrator as per Clause No.17 of the Memorandum of Lease Agreement dated 05.11.2012 between the petitioner and the respondent for resoling the disputes between the petitioner and respondent.)
1. This order will dispose of captioned 'Arbitration Original Petition' ['Arb.OP' for the sake of brevity].
2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the listing before this Court on 11.04.2022, which reads as follows:
'In the captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity], Mr.R.Gokul, learned counsel representing Mr.S.L.Sudarsanam counsel on record for petitioner is before this Court.
2. Learned counsel submits that the prayer in the captioned Arb OP is for appointment of a sole Arbitrator.
3. Learned counsel draws the attention of this Court to a Lease Deed between the petitioner and respondent being 'Lease Deed dated 05.11.2012' [hereinafter 'primary contract' for the sake of convenience and clarity] and submits that clauses 17 and
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 ....
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 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 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 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 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 conclusive decision on the limitation plea and the importance of expeditious disposal of arbitration matters.
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the agreed procedure in the contract. If the appointment is not in line with the a....
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....
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