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M. SUNDAR
Mohana Rao Dandamudi, Chennai – Appellant
Versus
Government of Tamil Nadu, Represented by the Secretary to the Government, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 to appoint a sole Arbitrator to constitute the arbitral tribunal to resolve the disputes that have arisen between the petitioner and the respondent.)
1. This order will now 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 proceedings made in the first listing (on 21.03.2022) of captioned Arb.OP before this Court. This 21.03.2022 proceedings reads as follows:
'Captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] has been presented in this Court on 21.12.2021 inter alia under Section 11(5) of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience and clarity] with a prayer for appointment of a sole arbitrator.
2. Ms.Preeti Mohan, learned counsel on record for petitioner who is before this Court submits that the captioned Arb OP is predicated on clauses 39 and 40 (under covenant No.VIII captioned 'Arbitration') in 'an agreement dated 24.06.1985' [hereinafter '
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 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 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 limited scope of a legal drill under Section 11 of the Arbitration and Conciliation Act, 1996, and the expeditious disposal of petitions under ....
The court held that its review under Section 11(6) is limited to confirming the existence of an arbitration agreement, without delving into substantive disputes, which is for the Arbitrator to decide....
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