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KRISHNAN RAMASAMY
Simplex Infrastructures Limited – Appellant
Versus
State Bank of India – Respondent
JUDGMENT
(Prayer: Arbitration Original Petition filed under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996 to appoint a sole Arbitrator to adjudicate the differences and disputes between the parties hereto.)
1. This Arbitration original petition was filed for requesting the appointment of an independent and impartial arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter called as “the Act”) for adjudication of disputes between the parties.
2. The learned counsel for the petitioner would submit that petitioner-company was incorporated under the provisions of the Companies Act, 1956 and it is a leading entity engaged in the business of providing engineering and contracting services for various infrastructures, industrial and housing projects all over India. The petitioner was awarded the work of construction of a Residential Township “Unity Enclave” consisting of 21 Towers, Club House, Commercial Buildings and Basements, including finishes, MEP works and external development at Mambakkam, Chennai by the respondent by way of Letter of Award dated 25.06.2014 bearing reference No.SBIOA/UNITYENCLAVE/CONS/LOA/01/2014-15. The said work was awar
The main legal point established is that a party to a contract cannot absolve its liabilities and must comply with dispute resolution clauses, and claims must be within the period of limitation.
An arbitration agreement remains valid and enforceable despite procedural limitations on arbitrator appointment, ensuring disputes are addressed effectively.
Arbitration - Appointment of Arbitrator - Court is not required to examine any other contentious issues regarding the disputes between the parties at the stage of referring the parties to arbitration....
The main legal point established is that for a dispute to be referred to an arbitrator under Section 11(6) of the Arbitration Act, it must arise from the agreement and be arbitrable in nature.
Disputes concerning alleged payments are referable to arbitration despite claims of prior resolution efforts, where the existence of disputes was upheld.
The Chief Justice can appoint arbitrators under Section 11 of the Arbitration Act and determine issues of jurisdiction and validity of claims, while disputes over notification receipt are left for re....
Point of Law : The very purpose of the A & C Act is to enable a party to invoke an arbitration clause at the earliest and for the arbitration to be completed at the earliest.
The court established that an arbitration agreement exists between the petitioner and the respondents, as the executing agency was acting on behalf of the principal; claims related to payment dispute....
The failure to constitute a Dispute Resolution Board justifies the appointment of an Arbitrator under the Arbitration and Conciliation Act, affirming the need for timely resolution of disputes arisin....
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