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M. SUNDAR
Cholamandalam Investment and Finance Company Limited, Represented by its Authorised Signatory, Chennai – Appellant
Versus
Aryaa Krishna Automotives Pvt. Ltd. , Karnataka – Respondent
JUDGMENT
(Prayer: Arbitration Original Petition filed under Sections 11(6)(a) of the Arbitration and Conciliation Act, 1996 praying to (a) appoint a sole Arbitrator to adjudicate the dispute arising under Loan Agreement No.XVFPHOS00003032806 dated 19.06.2019 between the petitioner and the respondents as per the Loan Agreement No.XVFPHOS00003032806 dated 19.06.2019.)
1. This order will now dispose of the captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of brevity, convenience and clarity].
2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the first listing of the captioned Arb OP before this Court on 04.07.2022 and proceedings of learned Master dated 16.08.2022 wherein and whereby service was completed qua first respondent. To be noted, service qua second respondent was completed earlier before this Court.
3. Aforementioned proceedings of this Court dated 04.07.2022 and proceedings of learned Master dated 16.08.2022 read as follows:
Proceedings dated 04.07.2022 made by this Court:
'Captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] has been presen
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 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 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 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 ....
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 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 scope of examination of the existence of an arbitration agreement under Section 11(6) of The Arbitration and Conciliation Act, 1996, as ....
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