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KRISHNAN RAMASAMY
Sundaram Finance Limited, Represented by its Authorised Signatory, S. Sugavanam – Appellant
Versus
V. Ramalingam – Respondent
JUDGMENT
(Prayer: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a sole Arbitrator to adjudicate upon the differences and disputes between the parties under the said agreement dated 12.10.2017 in respect of contract bearing No.M028800350.)
This Arbitration Original Petition has been filed to appoint a sole Arbitrator to adjudicate upon the differences and disputes between the parties under the said agreement dated 12.10.2017 in respect of contract bearing No.M028800350.
2. The learned counsel for the petitioner would submit that the respondents had approached the petitioner for loan facility and had entered a loan agreement dated 12.10.2017 and the present dispute is arising out of the said loan agreement.
3. He would further submit that there is default in repayment of the loan amount by the respondent. With regard to the same, the petitioner had sent a legal notice dated 06.03.2019 and also a notice under Section 21 of the Arbitration and Conciliation Act, 1996 (hereinafter called as “the Act”) dated 27.08.2019 to the respondent. In spite of the said notices, the respondents had not come forward to settle the dues. Tho
The main legal point established in the judgment is the arbitrability of the dispute under the loan agreement and the court's direction to conduct the arbitration proceedings in accordance with the a....
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 court appointed a sole arbitrator for resolving disputes under a loan agreement after respondents failed to adhere to repayment terms and contested the agreement's existence.
The main legal point established in the judgment is the court's authority to appoint an Arbitrator under Section 11 of the Arbitration and Conciliation Act when there is a valid Arbitration Clause an....
The court has the authority to appoint a Sole Arbitrator when the respondents fail to appear in an arbitrable dispute.
The court exercises its jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint a sole arbitrator when a valid arbitration agreement exists and a party has defaulte....
Unilateral appointment of an arbitrator is contrary to Section 12(5) of the Arbitration and Conciliation Act, necessitating mutual agreement for such appointment.
Appointment of Sole Arbitrator and Compliance with Arbitration and Conciliation Act, 1996
The court can appoint a sole arbitrator under the Arbitration and Conciliation Act when parties fail to agree on common terms after dispute notifications.
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