SAUMITRA DAYAL SINGH
Siemens Limited – Appellant
Versus
Madhyanchal Vidyut Vitran Nigam Ltd. – Respondent
JUDGMENT :
SAUMITRA DAYAL SINGH,J.
Re: Civil Misc. Delay Condonation Application No. 1 of 2019 & Re: Civil Misc. Review Application No. 2 of 2019.
1. Heard Sri Girish Chand Sinha and Sri Mukesh Kumar Singh, learned counsel for the applicant in review application and Sri Anurag Khanna, learned Senior Advocate assisted by Sri Ronak Chaturvedi, learned counsel for the respondent-claimant.
2. The present review application has been filed by the Madhyanchal Vidyut Vitran Nigam Ltd. (herein referred to as the 'opposite party') being opposite party no.1 in Arbitration and Conciliation Application U/S 11(4) No. 5 of 2019. For ready reference, the relevant part of the order dated 08.05.2019, is quoted herein:
This application is field under Section 11(4) of the Arbitration and Conciliation Act, 1996 by which the applicant has prayed for appointment of sole Arbitrator to resolve the dispute.
The applicant is a company, indulged in manufa
U.P. State Road Transport Corp. & Anr. Vs. Indra Raj Verma & Anr.; AIR 2018 All 6
State of Maharashtra Vs. Ramdas Shrinivas Nayak & Anr.; (1982) 2 SCC 463
State of West Bengal Vs Associated Contractors; (2015) 1 SCC 32
Ador Samiya (P) Ltd. Vs Peekay Holdings Ltd.; (1999) 8 SCC 572
Konkan Railway Corp. Vs Mehul Construction Co. Ltd.; (2000) 7 SCC 201
Konkan Railway Corp. Vs. Rani Construction (P) Ltd.; (2002) 2 SCC 388
The High Court lacks jurisdiction to review an order passed under Section 11 of the Arbitration and Conciliation Act, 1996, as the Act is a self-contained code and the Court becomes functus officio u....
The judicial nature of proceedings under section 11(6) of the Arbitration and Conciliation Act, 1996, and the requirement for providing an opportunity of hearing before the appointment of an Arbitrat....
A Settlement Agreement can nullify an existing Arbitration Agreement, preventing disputes from being referred to arbitration.
Point of Law : S.13(2) provides that a party who intends to challenge appointment of an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or afte....
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