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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PAVAN KUMAR DWIVEDI
Riddhesh Corporation Manawar Private Limited Through Its. Director Riddhesh Agarwal – Appellant
Versus
Tata Motors Ltd. – Respondent
ORDER :
PAVAN KUMAR DWIVEDI, J.
The present application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act of 1996') for appointment of Arbitrator.
Facts of the case in brief are as under:
2. The applicant No. 1 is a private limited company and has been engaged in the business of trading, consultancy, C&F agency and transportation since the year 2017 having its registered office at Jawahar Marg, Manawar, District Dhar (MP). Applicant No. 2 is a proprietorship concern having its office at Krishi Upaj Mandi Pragan, Dhar Road, Manawar, District Dhar (MP). The respondent No. 1 - Tata Motors Ltd. is a registered company and manufacturer of goods carriage vehicles. The respondent no. 2 is the office bearer of respondent No.1 and respondent No.3 is a dealer selling vehicles manufactured by respondent No.1.
3. The applicants purchased 22 trucks from respondent No. 3 in the months of January to March, 2023. Out of the 22 trucks, 17 were purchased in the name of applicant No.1 and 05 were purchased in the name of applicant No.2 and for the said purchase, sale consideration of Rs. 4,29,25,000/- and Rs. 1,26,25,000/-, respectively was
Arbitration agreement - Appointment of Sole Arbitrator - If there is sufficient material on record to establish that condition/clause in invoices were accepted and acted upon, parties would be ad ide....
An arbitration agreement under the Arbitration and Conciliation Act, 1996, does not require signatures if parties' intent to arbitrate can be inferred from conduct or written documentation.
The main legal point established is that lack of consensus ad idem on the arbitration procedure can justify court appointment of an arbitrator, and previous adjudication does not necessarily bar arbi....
The main legal point established in the judgment is that the existence of an arbitration agreement can be inferred through a series of correspondence or on the demur of one of the parties to an arbit....
An enforceable arbitration agreement requires mutual consent evidenced by signed documents; mere communications cannot establish such consent.
The main legal point established in the judgment is that the existence of a valid and enforceable arbitration agreement is essential for the appointment of a sole arbitrator under Section 11 (6) of t....
The existence of a dispute under the dealership agreement justifies the appointment of an arbitrator, even without a termination order being issued.
A non-signatory to an arbitration agreement cannot invoke the arbitration clause of the agreement to which it is not a party.
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