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ANAND PATHAK
STATE OF MADHYA PRADESH – Appellant
Versus
NIDHI (I) INDUSTRIES, GWALIOR – Respondent
ORDER : – The instant review petition has been preferred for recalling of order dated 20-5-2021 passed in A. C. No. 37/2021 by which the application under section 11(6) of Arbitration and Conciliation Act, 1996 (for short “the Act”), preferred by respondent has been allowed and sole Arbitrator (former Judge, High Court of Madhya Pradesh) was appointed.
2. Precisely stated facts of the case are that an agreement was executed in year 2015 between Director General of Police, Government of Madhya Pradesh on behalf of the Governor of Madhya Pradesh and respondent for installation of CCTV Cameras in High Court Premises, Bench at Indore. In pursuance thereof, work order has been issued on 14-1-2015 and CCTV Cameras were installed at High Court premises, Bench at Indore.
3. It appears that said CCTV Cameras were found to be of inferior quality and many deficiencies and irregularities were found in whole installation project, therefore, as per the agreement, respondent-Company was blacklisted for one year vide order dated 8-9-2020. Said blacklisting order was passed in following terms : –
4. Against the said order of blacklisting, petitioner preferred a writ petition vide W. P. No. 13738/20
The judicial nature of proceedings under section 11(6) of the Arbitration and Conciliation Act, 1996, and the requirement for providing an opportunity of hearing before the appointment of an Arbitrat....
The main legal point established in the judgment is that issues of limitation and notice under Section 21 of the Arbitration and Conciliation Act, 1996, fall within the realm of admissibility issues ....
Point of Law : S.13(2) provides that a party who intends to challenge appointment of an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or afte....
Failure to appoint an arbitrator within the agreed timeframe under Arbitration Agreement allows the court to intervene and appoint an arbitrator under Section 11(6) of the Arbitration and Conciliatio....
The main legal point established is the applicability of Section 11(6) of the Arbitration and Conciliation Act, 1996, in cases where a party fails to appoint an arbitrator within the stipulated time ....
The High Court lacks jurisdiction to review an order passed under Section 11 of the Arbitration and Conciliation Act, 1996, as the Act is a self-contained code and the Court becomes functus officio u....
The consent to arbitrate can waive mandatory pre-arbitration formalities, allowing disputes from separate contracts to be arbitrated as a composite matter.
The interpretation of Section 15(2) of the Arbitration and Conciliation Act, 1996 is that where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the ru....
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