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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
DEEPAK KHOT
Sanghvi Movers Limited (A Company Incorporated Under The Provisions Of The Companies Act 1956) – Appellant
Versus
Dilip Buildcom Limited (A Company Incorporated Under The Provisions Of The Companies Act 1956) – Respondent
ORDER :
Deepak Khot, J.
Present application has been filed by the applicant under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') for appointment of an Arbitrator to resolve the dispute between the parties arising out of work order/agreement between the parties executed on 27.1.2022, annexure A/2 (page 29-35).
2. It is submitted by counsel for the applicant that some dispute in regard to non- payment of dues arising out of the same work order and the concession between the parties arose for which the communication was made by the applicant with the non-applicant and finally notice has been issued on 2.4.2024 for invoking arbitration under section 21 of the Act of 1996, annexure A/3 (page 36-41).
3. The non-applicant replied the said notice vide reply dated 29.4.2024, annexure A/5 (page 44-47). It is submitted that in the reply the non-applicant has categorically denied for appointment of Arbitrator nominated by the applicant Company. Placing reliance on clause 13 of the arbitration clause of the agreement, it is submitted that as per the clause, the rights are not conferred on the applicant to appoint sole Arbitrator. In fact,
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....
Point of law: As per the legal position settled by the Supreme Court in catena of judgments, the High Court has the jurisdiction under Section 11(6) of the said Act to nullify the appointments made b....
Once person who was required to arbitrate upon disputes arisen under terms and conditions of contract becomes ineligible by operation of law, he would not be eligible to nominate a person as an arbit....
The appointment of an arbitrator must comply with the Arbitration and Conciliation Act, particularly Section 12(5), which disqualifies certain individuals from serving as arbitrators.
Point of law: Arbitration -in the absence of an express agreement between the petitioner and the respondent subsequent to arising of disputes whereby the parties expressly agreed to waive the applica....
Disqualified arbitrators cannot appoint successors; unilateral requests do not waive statutory disqualifications under the Arbitration and Conciliation Act.
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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