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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. background of arbitration agreement and parties involved. (Para 1) |
| 2. arbitration agreement and its clauses. (Para 3 , 4 , 10 , 34) |
| 3. procedural context of the arbitration and notice issues. (Para 12 , 28) |
| 4. arguments regarding service of notice and appointment of arbitrator. (Para 16 , 17 , 18 , 25) |
| 5. court's duty regarding service of notice in arbitration. (Para 32 , 39 , 40) |
| 6. importance of proper notice and jurisdiction in arbitration. (Para 35) |
| 7. error in ignoring the non-service of notice and prolonged delays. (Para 41 , 44 , 45) |
| 8. court’s decision to reset procedural failures. (Para 46 , 48) |
| 9. conclusion to set aside previous orders and direct fresh hearing. (Para 49) |
JUDGMENT :
ROHIT RANJAN AGARWAL, J.
1. 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 ACT , 1940 (hereinafter called as ‘old ARBITRATION ACT ’) against the order dated 28.04.2022 passed by Civil Judge (Senior Division) acting as Small Cause Court in Misc. Case No. 4 of 2004 and also arbitral awa
Proper notice is essential before making an arbitral award rule of court; lack of jurisdiction due to insufficient notice renders the award invalid.
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.
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 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 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.
The main legal point established in the judgment is that objections to jurisdiction must be raised at the appropriate stage, and the findings of the arbitrator on the point of jurisdiction, if not ch....
Work Contract - Arbitration - We should make the law of arbitration simple, less technical and more responsible to the actual realities of the situation, but must be responsive to the canons of justi....
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.
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