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ABDUL QUDDHOSE
National Federation of Farmers, Procurement Processing & Retailing Cooperatives of India Ltd. , New Delhi – Appellant
Versus
NLC India Limited, Chennai – Respondent
| Table of Content |
|---|
| 1. arbitrability of disputes. (Para 1) |
| 2. facts surrounding the tender and bank guarantee. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. arguments about arbitration agreement. (Para 8 , 9 , 10) |
| 4. respondent's position on alleged fabricated documents. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. court's examination of statutory provisions. (Para 26 , 27) |
| 6. discussion on judicial discretion in arbitration. (Para 28 , 29) |
| 7. principles guiding court's review at referral stage. (Para 30 , 31 , 32) |
| 8. court's prima facie view on arbitration existence. (Para 33 , 54) |
| 9. court's order on injunction and its grounds. (Para 56 , 57 , 70) |
| 10. final orders of the court. (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.)
1. 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;
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