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ABDUL QUDDHOSE
National Federation of Farmers, Procurement Processing & Retailing Cooperatives of India Ltd. , New Delhi, Represented by P. Suresh Babu – Appellant
Versus
NLC India Limited, Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. facts surrounding the tender and bank guarantee. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding the existence of an arbitration agreement. (Para 8 , 10 , 11 , 16 , 19) |
| 3. court's observations on arbitrability and jurisdiction. (Para 21 , 27 , 30 , 34) |
| 4. ratio decidendi related to arbitration agreement validity. (Para 26 , 29 , 36) |
| 5. final conclusion granting injunction and appointing arbitrator. (Para 75 , 76) |
JUDGMENT
(Prayer: Arbitration Original Petition (Commercial Division) filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator to adjudicate the dispute between the petitioner and the respondent and to direct the respondent to pay the cost.)
The issue that arises for consideration in Arb.O.P.(Com.Div) No.302 of 2023 as well as in the application O.A. No.267 of 2023 are as follows:
a) Whether the dispute raised by the applicant / petitioner is an arbitrable dispute;
b) Whether the applicant / petitioner has satisfied the legal requirements for obtaining an order of injunction from invocation of bank guarantee.
2. The brief facts leading to the filing of O.A. No.267 of 2023 and Ar
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