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ALOK ARADHE
Ronak Gupta – Appellant
Versus
Kanishk Gupta – Respondent
ORDER :
Alok Aradhe, C.J.
1. Mr. S.Ravi, learned Senior Counsel appears through video conference.
Mr. Rohan Aloor, learned counsel appears for M/s. R.S.Associates for the applicant.
Ms. D.Neeharika Reddy, learned counsel for respondent No.1.
2. In this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (briefly 'the A&C Act' hereinafter), the petitioner seeks appointment of an arbitrator to adjudicate the dispute between the parties.
3. Facts giving rise to filing of this petition briefly stated are that the applicant is one of the shareholders in M/s. Clarion Agro Products Private Limited i.e., respondent No.4 (hereinafter referred to as 'the company'). The said company was incorporated in the year 2008 by one late Mr. Vinod Gupta and respondent No.1. The company is a family owned unit and its affairs are being managed on the basis of mutual trust. Over the years, financial health of the company deteriorated.
4. According to the applicant, it has stepped into the shoes of the management in the year 2022 with a view to revive the company. Clause 63 of the Articles of Association reads as under:
The court confirmed that disputes between shareholders are arbitrable under the Arbitration and Conciliation Act, emphasizing the limited scope of examination regarding the existence of an arbitratio....
The court's examination under Section 11(6A) of the Arbitration and Conciliation Act is limited to determining the existence of an arbitration agreement, with substantive issues reserved for the arbi....
Appointment of Arbitrator - Issue with respect to arbitrability of dispute is to be decided by Arbitrator.
The court confirmed that the existence of an arbitration agreement is undisputed, and any claims regarding time-bar should be determined by the arbitral tribunal.
The existence of an arbitrable dispute, the validity of the arbitration agreement, and the existence of an arbitrable dispute are to be determined by the arbitral tribunal.
The main legal point established is that if a contract contains an arbitration clause and the Arbitrator has not been appointed, the High Court is required to appoint an Arbitrator for resolution of ....
The main legal point established is the court's authority to appoint a sole arbitrator under Section 11(6) of the arbitration and Conciliation act, 1996 when the parties fail to mutually appoint one,....
The appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act requires only a prima facie examination of the arbitration agreement's existence, with mixed questions of law....
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