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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice Abdul Quddhose, J
South Ganga Waters Technologies (P) Ltd., Rep. By its Authorized Signatory Mr.Vijay Ramesh – Appellant
Versus
Vedanta Limited, Thoothukudi – Respondent
ORDER :
(ABDUL QUDDHOSE, J.)
This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short “the Act”) seeking for appointment of an Arbitrator by this Court.
2. A dispute has been raised by the petitioner against the respondent, which arises out of the water supply agreement dated 25.07.2013 and another agreement dated 01.10.2014. At the outset, the learned counsel for the petitioner would submit on instructions that since a proper arbitration invocation notice was not sent as per the provisions of Section 21 of the Act for the agreement dated 01.10.2014, the petitioner will be satisfied if an Arbitrator is appointed by this Court for the dispute arising out of the water supply agreement dated 25.07.2013 alone. However, he seeks liberty for the petitioner to file a fresh petition seeking for appointment of an Arbitrator after issuing a proper invocation notice insofar as the second agreement dated 01.10.2014 is concerned. Therefore, this Court for the present will have to decide only whether the dispute raised by the petitioner arising out of the water supply agreement dated 25.07.2013 is arbitrable or not.
3. The petitioner, as per the agreement
The referral court under Section 11 of the Arbitration and Conciliation Act must determine the prima facie existence of an arbitration agreement and appoint an arbitrator if satisfied.
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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