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IN THE HIGH COURT OF MADHYA RADESH AT INDORE
SUBODH ABHYANKAR
Trbex Impex Pvt. Ltd., Through Its Authorized Signatory Mr Kawaljeet Singh, S/o. Shri Baldev Singh – Appellant
Versus
Ashok Fine Spun, Through Its Director Mr. Ashish Doshi A Unit Of Mahima Fibres Pvt. Ltd. – Respondent
ORDER :
SUBODH ABHYANKAR, J.
1] This Arbitration Case has been filed by the applicant under Section 11 (6) of the Arbitration and Conciliation Act, 1996, for appointment of Arbitrator.
2] In brief, the facts of the case are that the petitioner-a company registered under the Companies Act,1956 entered into an Agreement dated 30th of June, 2017 (Annexure P/1), for supply of solar generated electricity to the non-applicant Ms. Ashok Fine Spun (A unit of Mahima Fibres Pvt. Ltd.).
3] Admittedly, a dispute has been arisen between the parties in respect of the outstanding amount of Rs.5,22,84,012/- which is due to the non-applicant, and according to the applicant, despite repeated requests, the amount has not been paid by the non-applicant, and lately, a legal notice dated 09.8.2023 (Annexure P/13) was also served on the non-applicant for appointing Arbitrators as per clause 14.7 of the Agreement which refers to the dispute resolution.
4] A reply to the notice has also been sent by the non-applicant traversing all the contentions, and thus, the present application has come to be filed for appointment of an Arbitrator, as per clause 4.7 of the Agreement.
5] A reply to the present application h
The use of 'may' in arbitration agreements indicates optionality rather than obligation, requiring mutual consent for arbitration to be valid.
An agreement with a clause stating disputes 'may' be resolved through arbitration does not constitute a binding arbitration agreement under the Arbitration and Conciliation Act, as it does not reflec....
(1) Reference of disputes to arbitration – Alternate Dispute Resolution mechanisms or more particularly, arbitration, can only be the chosen method if both/all parties to dispute can agree that it wi....
The judgment establishes the requirement of a written agreement for arbitration, the interpretation of settlement of disputes clauses, and the significance of party conduct in determining the existen....
An arbitration agreement must evidence an unambiguous intention to refer disputes to arbitration, and mere use of the word 'arbitration' is not sufficient to construe an agreement as an arbitration a....
The court ruled that it has authority to file an arbitration agreement and appoint an arbitrator, even when the designated arbitrator is unwilling to act, per the Indian Arbitration Act.
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