M. SUNDAR
R. Sathyanarayanan – Appellant
Versus
Bharathi Aravazhi – Respondent
JUDGMENT
(Prayer: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 praying to appoint an arbitrator to adjudicate the disputes between the Petitioners and Respondents in terms of the partnership deed dated 01.01.2019 at Chennai and to direct the respondents to pay costs.)
1. This order will now dispose of captioned matter.
2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listings on 15.07.2022 and 29.07.2022, which read as follows:
'Proceedings made on 15.07.2022
'Captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] has been presented in this Court on 29.06.2022 under Section 11 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter referred to as 'A and C Act' for the sake of convenience, clarity and brevity] with a prayer for appointment of a sole Arbitrator.
2. Mr.D.Senthil Kumar, learned counsel for four petitioners submits that the captioned Arb OP is predicated on clause 12 of a 'Partnership Deed dated 01.01.2019' [hereinafter 'primary contract' for the sake of convenience and clari
The main legal point established in the judgment is the statutory perimeter of Section 11(6A) of the Arbitration and Conciliation Act, 1996, and the Court's adherence to relevant case laws in appoint....
The main legal point established in the judgment is the narrow interpretation of Section 11(6) and the legislative policy to minimize court intervention in appointing arbitrators.
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, leading to the appointment of a sole arbitra....
The main legal point established in the judgment is the limited legal scope of examining the existence of an arbitration agreement as per Section 11 of the Arbitration and Conciliation Act, 1996, and....
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 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 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 the court's authority to appoint a sole arbitrator based on the existence of an arbitration agreement, in accordance with the statutory provisions ....
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....
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