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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SURESH KUMAR KAIT, CJ, VIVEK JAIN, J
Madhya Pradesh State Agro Industries Development Corporation Limited – Appellant
Versus
Murliwala Agrotech Private Limited – Respondent
JUDGMENT :
Vivek Jain, J.
The present petition has been filed challenging the Order dated 14.04.2023 Annexure P-13 passed by the Arbitration Tribunal of Sole Arbitrator. By the said Order, the Arbitration Tribunal has rejected the application of the present Petitioner under Order 8 Rule 1-A of CPC and Order 6 Rule 17 of CPC .
2. It is argued by learned counsel for the petitioner that by way of application under Order 8 Rule 1-A of CPC , the petitioner who is respondent in the arbitration proceedings sought to bring on record an agreement dated 15.06.2012 (Annexure P-3) which has been executed between the present petitioner, who is respondent in arbitration proceedings and the present respondent No.2, who is claimant No.2 in the arbitration proceedings.
3. It is contended that this agreement between the parties ought to have been filed by the claimants themselves but the claimants suppressed the said agreement while filing the claim before the Arbitration Tribunal and the said agreement is necessary to be placed on record for proper adjudication of all the issues that are actually arising between the parties and an agreement which is between the same parties cannot be said to be not rel
Judicial review under Article 227 can intervene in arbitration matters to ensure justice, particularly regarding the acceptance of amendments and additional documents.
Section 12 sets out grounds of challenge to person appointed as arbitrator and duty of an arbitrator appointed, to disclose any disqualification he may have.
Failure to file a statement of defense within the statutory period under the Arbitration Act results in forfeiture of that right, emphasizing the necessity for timely compliance in arbitral proceedin....
Once arbitration has commenced in the arbitral tribunal, parties have to wait until the award is pronounced unless, of course, a right of appeal is available to them under Section 37 of the Act even ....
Judicial interference under Article 227 is limited in arbitration matters, especially when a comprehensive mechanism exists under the Arbitration and Conciliation Act for addressing non-arbitrability....
The designated seat of arbitration establishes exclusive jurisdiction for related applications, affirming that the Commercial Court in Ranchi has jurisdiction over Section 34 applications.
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