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ROHIT RANJAN AGARWAL
Amit Agarwal – Appellant
Versus
Atul Gupta – Respondent
JUDGMENT :
Rohit Ranjan Agarwal, J. - These two writ petitions have been filed under Article 227 of the Constitution of India assailing the judgment and order dated 14.09.2023 passed by Commercial Court No.1, Meerut in Arbitration Case No.142 of 2022 (Old No.22 of 2016) and Arbitration Case No.143 of 2022 (Old No.72 of 2015) (Atul Gupta v. Amit Agrawal & Anr.), allowing the application filed by respondent No.1 under Section 14(2) of Arbitration & Conciliation Act, 1996 (hereinafter called as "Act of 1996").
2. The facts in brief giving rise to the present petitions are that the petitioner Amit Agrawal entered into business of real estate in the year 1983. Respondent No.1 joined his business and both the petitioner and respondent No.1 carried on the business for quite a long time. In the year 2006, the dispute arose between them. The matter was referred to the sole arbitrator Pradeep Sharma on 25.01.2007.
3. An interim award was passed on 27/28.01.2007. Respondent No.1 challenged the interim award under Section 34 of the Act of 1996 before the District Judge, Meerut. Vide order dated 12.07.2018 the said application under Section 34 of Act of 1996 being Arbitration Case No.24 of 2007 wa
The Arbitrator's prolonged inaction over eight years constituted undue delay, justifying the termination of his mandate under Section 14(2) of the Arbitration and Conciliation Act, 1996.
Excessive delay by an arbitrator of over eight years justifies the termination of their mandate under Section 14(2) of the Arbitration and Conciliation Act, 1996.
Point of Law : There was concurrent jurisdiction conferred on the courts ceased with subject matter in dispute and the courts where arbitration was carried out.
The main legal point established in the judgment is that the application under section 11(6) of the Act, 1996 is not maintainable when the sole Arbitrator is appointed by mutual consent and in the ab....
The jurisdictional seat of arbitration was Panchkula in Haryana, and not Delhi, as the arbitrator had fixed the jurisdictional seat under Section 20(2) of the Act before any party had moved the court....
The determination of the arbitration 'seat' and 'venue' is critical; if the 'venue' does not specify a 'seat', jurisdiction lies with the designated court under the arbitration agreement.
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