M. SUNDAR
S. P. Meena – Appellant
Versus
Sri Meenakshi Pack Wood Industries, Rep. by its Managing Partner, S. Palaniappan, Chennai – Respondent
JUDGMENT
(Prayer: Arbitration Original Petition filed under Section 11 (6)(a)(c) of the Arbitration and Conciliation (Amendment) Act, 2015 read with Rule 2 of the appointment of the Arbitrators of Madras High Court Scheme, 1996 seeking appointment of an arbitrator to resolve the disputes between the petitioner and the respondents in terms of Clause 18 of the Deed of Partnership dated 01.04.2008 and for the cost of this petition.)
1. This order will now dispose of the captioned matter.
2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 28.03.2022, which reads as follows:
'Captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] has been presented in this Court on 15.02.2022 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].
2. Mr.P.Suresh Srinivasan, learned counsel on record for petitioner who is before this Court submits that the captioned Arb OP is predicated on clause 18 of a 'partnership deed dated 01.04.2008' [hereinafter 'primary con
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 the narrow interpretation of Section 11(6) and the legislative policy to minimize court intervention in appointing arbitrators.
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 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 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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