HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM, J
M/S SAI RENIIT PROJECTS PVT. LTD. – Appellant
Versus
GIRISH DESHPET, SMT MANJULA – Respondent
| Table of Content |
|---|
| 1. petition deemed premature; liberty granted for issuing fresh notice. (Para 6 , 7) |
ORAL ORDER
This Civil Miscellaneous Petition is filed under Section
11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act' for short) seeking the appointment of Sole Arbitrator by invoking Section 11(5)
of the Act.
2. Heard the learned counsel for the petitioner.
Perused the documents annexed to the Civil Miscellaneous Petition.
3. This Court on an examination of records has noticed that the petitioner has not satisfied the ingredients of Section 11(5) of the Act.
4. This court in various judgments has emphasised the necessity of adhering to the procedural requirements stipulated under Section 11 of the Act, particularly concerning the appointment and notification of an arbitrator.
5. On a plain reading of the legal notice dated
20.0.2021, it is evident that the petitioner has merely conveyed an intention to invoke the arbitration clause embedded in the agreement between the parties. The notice does not, however, nominate or appoint an arbitrator or provide any concrete step towards constituting the arbitral tribunal. It states only the petitioner’s general in
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.