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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH
Vivriti Capital Limited (Formerly Vivriti Capital Private Limited) – Appellant
Versus
Gensol Electric Vehicles Private Limited – Respondent
| Table of Content |
|---|
| 1. request for arbitration and appointment of an arbitrator. (Para 1 , 3) |
| 2. facts establishing default and asset verification. (Para 4 , 9) |
| 3. responses and counterarguments regarding default. (Para 8 , 10 , 18) |
| 4. appointment of advocate commissioner to oversee asset inventory. (Para 12 , 13 , 14) |
| 5. court's analysis on arbitration agreement stipulations. (Para 19 , 20 , 26) |
| 6. appointment of sole arbitrator and resolution of applications. (Para 28 , 29) |
ORDER :
N. Anand Venkatesh, J.
All these applications can be taken up together, and a common order can be passed in this case.
2. Application Nos.739 and 740 of 2025 have been filed seeking for an appointment of a Receiver to take possession of the hypothecated assets and hand over the same to the applicant, and also for verification of the reports, current and fixed assets reports and quarterly assets reports along with schedules singed by the statutory Auditor, so as to enable the Receiver to identify the assets and its location and take custody of the same.
3. Arb.O.P.No.720 of 2025 has been filed under Section 11 (6)(a) of the Arbitration and Conciliation Act, 1996 , (hereinafter referred to as “the Act”) seeking for ap
A party does not have to name an Arbitrator unless mutual consent exists, emphasizing the validity of the Trigger Notice in seeking arbitration and the appointment of a Sole Arbitrator.
A unilateral right of appointment for an arbitrator in an arbitration agreement is impermissible; however, notice of intent to arbitrate, even when lacking technical precision, can suffice for procee....
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....
An arbitrator's appointment must adhere to the agreed procedure; failure to do so renders the appointment invalid under Section 11(6) of the Arbitration Act.
The court upheld the validity of arbitration clauses in financial agreements, ruling that disputes arising under such agreements must be resolved via arbitration, even amidst ongoing SARFAESI Act pro....
Unilateral appointment of an Arbitrator without consent violates procedural fairness under the Arbitration and Conciliation Act, leading to the termination of the mandate.
The court emphasized the importance of upholding arbitration agreements and referred to the judgment in Pravin Electricals Pvt. Ltd. vs. Galaxy Infra and Engineering Pvt. Ltd. to support the appointm....
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