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HIGH COURT OF JUDICATURE AT ALLAHABAD
PIYUSH AGRAWAL
M S. Kalicharan Pandey And Company – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. appointment of arbitrator ordered (Para 1 , 11 , 12 , 13 , 14) |
| 2. existence of arbitration agreement affirmed (Para 4) |
| 3. scope of section 11(6) clarified (Para 5 , 6 , 7) |
| 4. forum for dispute resolution established (Para 8 , 9 , 10) |
JUDGMENT :
PIYUSH AGRAWAL, J.
Restoration Application No. 4 of 2026.
Heard learned counsel for the applicant. Cause shown is sufficient. The order dated 15.12.2025 is recalled. The case is restored to its original number. The application is allowed.
Heard learned counsel for the applicants and learned counsel for the opposite parties.
1. Heard the learned counsel for the parties.
2. The instant application has been preferred under Section 11(6) of the Arbitration & Conciliation Act, 1996 for appointment of a sole Arbitrator. 3. Learned counsel for the applicant submits that a notice/letter was issued to the respondent on 11.8.2023 invoking the arbitration clause to which he replied on 10.10.2023 denying the same. Hence, this application.
4. Learned counsel for the opposite party does not dispute the fact about the existence of dispute between the parties.
5. Having heard learned counsel for the parties, the scope of the present proceedings under
The court emphasized that under Section 11(6) of the Arbitration & Conciliation Act, 1996, the inquiry is limited to the existence of an arbitration agreement, with no examination of the merits at th....
The main legal point established is the court's adherence to the narrow examination of the existence of an arbitration agreement under Section 11(6A) and the emphasis on expeditious disposal of Secti....
The Court's decision was influenced by the narrow interpretation of Section 11(6A) of The Arbitration and Conciliation Act, 1996, as discussed in the Mayavati Trading case law and Duro Felguera princ....
The main legal point established in the judgment is the narrow scope of examination of the existence of an arbitration agreement under Section 11(6) of The Arbitration and Conciliation Act, 1996, as ....
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