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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
ARUN BHANSALI, C.J., JASPREET SINGH
Regenvo Mobile Private Limited Lucknow Thru Its Director Rahul Singh – Appellant
Versus
Siyogi Enterprises Thru Managing Director – Respondent
| Table of Content |
|---|
| 1. nature of appeal regarding arbitration clause. (Para 1 , 2 , 3) |
| 2. factual background of parties and agreement. (Para 4 , 5 , 6 , 7) |
| 3. overview of the arbitration award and dismissal. (Para 10 , 11) |
| 4. arguments regarding scope of arbitration clause. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. court's jurisdiction and interpretation of arbitral disputes. (Para 26 , 27 , 28 , 30 , 33) |
| 6. interpretation of the agreement and arbitration clause. (Para 35 , 36 , 41 , 48 , 52) |
| 7. final conclusion regarding setting aside of the arbitration award. (Para 55 , 56) |
JUDGMENT :
Jaspreet Singh, J.
1. The instant appeal preferred, under Section 37 of the Arbitration and Conciliation Act 1996, by the appellants assails the judgment and order dated 06.11.2024 passed by the Commercial Court No.1, Lucknow in Arbitration Case No.35 of 2019, whereby the petition preferred by the appellants under Section 34 of the Arbitration and Conciliation Act 1996 was dismissed and as a consequence the award passed by the Sole Arbitrator dated 31.12.2018 was affirmed.
2. The controversy involved in the instant appeal is ensconced in a narrow compass. The core contention revolves around the
The arbitration clause was limited to disputes arising from work done in Lucknow, with no jurisdiction over claims for work in other districts.
The court emphasized the wide scope of reference of the arbitrator and the appellant's failure to file a defense, highlighting the limited scope of interference under Section 37 of the Arbitration an....
A party must first invoke all prescribed pre-arbitration mechanisms defined in their contract, including consultations with an Architect, before seeking judicial appointment of an arbitrator under th....
The court must dismiss a petition for arbitration if the arbitration clause is not properly invoked as specified in the agreement.
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