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SARAL SRIVASTAVA
Nagar Nigam – Appellant
Versus
Sharad Rohtagi – Respondent
JUDGMENT :
1. Heard Sri Pankaj Srivastava, learned counsel for the petitioner and Sri P.K. Jain, learned Senior Counsel assisted by Sri Vinayak Mithal, learned counsel for the respondents.
2. The petitioner, by means of the present writ petition under Article 227 of the Constitution of India, has assailed the order dated 21.08.2014 passed by Additional Civil Judge (Senior Division), Meerut in Original Suit No.539 of 2011 (Dr. Jagat Narayan Vs. Nagar Nigam, Meerut) rejecting the application 28Ga of the petitioner for referring the dispute to the Arbitrator under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act, 1996’) and order dated 28.02.2019 passed by the 1st Additional District Judge, Meerut in Civil Revision No.05 of 2015 (Nagar Nigam Meerut Vs.Sharad Rohtagi) dismissing the revision of the petitioner.
3. The facts in brief are that Original Suit No.539 of 2011 has been instituted by respondent Nos. 1 to 7 (hereinafter referred to as ‘plaintiff/respondents) against the petitioner (hereinafter referred to as ‘defendant/petitioner') alleging that by a registered sale deed dated 18.06.2013, predecessor in title of the plaintiffs/respondents
The main legal point established in the judgment is that for a stipulation to be considered an arbitration agreement under Section 8 of the Arbitration and Conciliation Act, 1996, it must fulfill the....
The main legal point established in the judgment is that the expiration of the lease agreement and the cessation of the jural relationship between the parties rendered the arbitration agreement unnec....
Disputes capable of being adjudicated by the Civil Court are generally amenable to arbitration, unless expressly excluded. The importance of appointing an eligible arbitrator was also emphasized.
The arbitrator must address allegations of fraud and collusion affecting the enforceability of a contract; failure to do so results in an award being set aside for patent illegality.
The absence of a valid arbitration agreement between the parties precludes arbitration proceedings, and the moratorium under the IBC can bar such proceedings if jurisdiction is lacking.
Disputes regarding land ownership and mutations can be arbitrated under an existing agreement, reaffirming the limited role of courts in arbitration matters.
The main legal point established in the judgment is that the designation of a place of arbitration as the 'venue' in an arbitration clause indicates the intention to anchor arbitral proceedings to th....
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