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ROHIT RANJAN AGARWAL
Bharat Pumps And Compressors Limited – Appellant
Versus
Chopra Fabricators And Manufacturers Private Limited – Respondent
| Table of Content |
|---|
| 1. petitions filed under arbitration act 1996. (Para 1 , 2) |
| 2. background of the arbitration agreement and disputes. (Para 3 , 4 , 5 , 6 , 10) |
| 3. respondent's claims and arbitrator's decision. (Para 7 , 8 , 9) |
| 4. civil court's involvement in arbitration enforcement. (Para 11 , 12 , 13) |
| 5. connection of appeals and agreement to argue together. (Para 14 , 15) |
| 6. arguments regarding appointment and service of notice. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 7. allegations of non-service of notice and rights to challenge. (Para 25 , 26 , 28) |
| 8. clarification on arbitration process and agreements. (Para 32 , 33 , 34 , 35 , 36 , 37) |
| 9. court's obligations regarding notice and service. (Para 38) |
| 10. court's obligation to ensure due process in arbitration. (Para 39 , 40 , 41 , 42 , 43 , 44 , 46 , 47) |
| 11. order to set aside previous judgments. (Para 48) |
| 12. final outcome: appeals partly allowed. (Para 49) |
JUDGMENT
Rohit Ranjan Agarwal, J.
These are two connected appeals one being Arbitration Appeal No. 146 of 2022 filed under Section 37 of Arbitration and Conciliation Act, 1996 (hereinafter called as 'Act of 1996'), treating it to be under Section 39 read with Section 17 of ARBITRATION AC
Notice under Section 14(2) of the Old Arbitration Act must be properly served prior to confirming an arbitral award, or it renders the award and subsequent judgment invalid.
Proper notice is essential before making an arbitral award rule of court; lack of jurisdiction due to insufficient notice renders the award invalid.
The main legal point established in the judgment is the significance of parties' consent in appointing arbitrators and the consequences of their conduct in adhering to the arbitration agreement.
The main legal point established in the judgment is that the competency of the arbitrator and the proper notice in the arbitration proceedings are crucial for the validity of the arbitration award.
Execution of an arbitral award requires compliance with the 90-day limitation under Section 34; execution petitions filed before this period are impermissible.
A suit dismissed on grounds of res judicata is valid if the issues have been previously adjudicated between the same parties, preventing re-litigation of the same matters.
The main legal point established in the judgment is that an arbitral award can be set aside if it suffers from misconduct of the arbitral proceeding, lack of proper notice, and overstepping the point....
The principle of res judicata prohibits re-litigation of claims already adjudicated, asserting that fresh grounds for a suit must be established, as emphasized by various sections of the Arbitration ....
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