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GIRISH AGNIHOTRI
ABW Suncity – Appellant
Versus
Tarun Malik – Respondent
JUDGMENT :
GIRISH AGNIHOTRI, J.
1. The matter has been taken up through video conferencing on account of restrictions due to outbreak of COVID-19 pandemic.
2. This order shall dispose of the following Arbitration cases and review applications collectively by way of a common order:
| RA-CR-18-2021 IN ARB-48-2021 | ARB-48-2021 |
| RA-CR-19-2021 IN ARB-16-2021 | ARB-16-2021 |
| RA-CR-20-2021 IN ARB-45-2021 | ARB-45-2021 |
| RA-CR-21-2021 IN ARB-25-2021 | ARB-25-2021 |
| RA-CR-22-2021 IN ARB-26-2021 | ARB-26-2021 |
| RA-CR-23-2021 IN ARB-27-2021 | ARB-27-2021 |
| RA-CR-24-2021 IN ARB-28-2021 | ARB-28-2021 |
| RA-CR-25-2021 IN ARB-52-2021 | ARB-52-2021 |
| RA-CR-27-2021 IN ARB-39-2021 | ARB-39-2021 |
3. For the sake of facts, order is being passed in RA-CR-25-2021 in/and ARB-52-2021 and for the sake of facts, reference is also being made to ARB-52-2021 and ARB-25-2021.
4. Learned counsel for the review-applicant/appellant-respondent submits that the written arguments submitted by the respondents in ARB-52-2021 be treated the common stand of the respondents in all cases.
5. Learned counsel
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....
The main legal point established in the judgment is that issues of limitation and notice under Section 21 of the Arbitration and Conciliation Act, 1996, fall within the realm of admissibility issues ....
The appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act requires only a prima facie examination of the arbitration agreement's existence, with mixed questions of law....
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the agreed procedure in the contract. If the appointment is not in line with the a....
Adherence to the terms of the agreement and exhaustion of agreed procedures before seeking court intervention in arbitration disputes.
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