AI Overview...
- Arbitrator Refusal and Limitations on Rendition of Accounts
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Courts and arbitral bodies have held that requests for rendition of accounts or appointment of arbitrators are subject to limitation periods, typically three years from the date of refusal or dispute notice. Applications filed beyond this period are considered time-barred under Section 11(6) of the Arbitration and Conciliation Act, 1996, and the Limitation Act, 1963. For example, in HPCL Bio-Fuels Ltd. VS Shahaji Bhanudas Bhad - Supreme Court and HPCL BIO-FUELS LTD. vs SHAHAJI BHANUDAS BHAD - Supreme Court, fresh applications for arbitrator appointment filed after three years from the refusal date were barred.
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Role and Character of Arbitrators
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Arbitrators serve a quasi-judicial function, resolving disputes and rendering awards within stipulated timeframes, such as the twelve-month period mandated by Section 29A(1) of the Arbitration and Conciliation Act, 1996 (NEERAJ KUMARPAL SHAH V/s MANBHUPINDER SINGH ATWAL - Gujarat). They charge fees for services, and their decisions are treated as binding, akin to court judgments (DELHI HIGH COURT BAR ASSOCIATION & ANR. Vs GOVT. OF NCT OF DELHI & ANR. - Delhi, INDU SINGH AND ANR. vs PREM CHAUDHARY AND ORS. - Delhi).
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Civil Court and Arbitration Interplay
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References to civil courts in arbitration contexts include proceedings for declaration, partition, injunction, and rendition of accounts, with courts recognizing arbitrators' decisions as binding (INDU SINGH AND ANR. vs PREM CHAUDHARY AND ORS. - Delhi, Indu Singh VS Prem Chaudhary - Delhi). Courts have emphasized that parties cannot perpetually seek arbitrators or delay proceedings, and that the arbitration process is integral to dispute resolution (DELHI HIGH COURT BAR ASSOCIATION & ANR. Vs GOVT. OF NCT OF DELHI & ANR. - Delhi, Bar Association & Anr. , Rajiv Khosla, Umesh Kapoor VS Govt. of NCT of Delhi & Anr. - Delhi).
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Limitations on Continuous Search for Arbitrators
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Continuous search or repeated applications for arbitrator appointment are discouraged, and delays in filing such applications can lead to rejection on grounds of time-bar (HPCL Bio-Fuels Ltd. VS Shahaji Bhanudas Bhad - Supreme Court, HPCL BIO-FUELS LTD. vs SHAHAJI BHANUDAS BHAD - Supreme Court, DELHI HIGH COURT BAR ASSOCIATION & ANR. Vs GOVT. OF NCT OF DELHI & ANR. - Delhi).
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Specific Cases on Rendition of Accounts and Bank Disputes
- Several cases involve disputes over bank accounts and assets, with courts passing decrees for rendition of accounts and declaring ownership, often emphasizing that the arbitrator's role is to facilitate dispute resolution efficiently (Indu Singh VS Prem Chaudhary - Delhi, DELHI HIGH COURT BAR ASSOCIATION & ANR. vs GOVT. OF NCT OF DELHI & ANR. - Delhi).
Analysis and Conclusion - The refusal of an arbitrator to ask for or render accounts is often intertwined with procedural limitations, notably time-bars for applications for arbitration or account rendition. - Arbitrators are recognized as quasi-judicial entities with limited discretionary powers, bound by statutory timeframes. - Courts uphold the binding nature of arbitration awards and emphasize that parties cannot indefinitely delay proceedings by repeatedly seeking arbitrator appointments. - In disputes involving bank accounts and assets, courts tend to favor timely resolution, with decrees for rendition of accounts being granted where justified, but within the prescribed statutory limits.
References - HPCL Bio-Fuels Ltd. VS Shahaji Bhanudas Bhad - Supreme Court, HPCL BIO-FUELS LTD. vs SHAHAJI BHANUDAS BHAD - Supreme Court, NEERAJ KUMARPAL SHAH V/s MANBHUPINDER SINGH ATWAL - Gujarat, Indu Singh VS Prem Chaudhary - Delhi, Bar Association & Anr. , Rajiv Khosla, Umesh Kapoor VS Govt. of NCT of Delhi & Anr. - Delhi, INDU SINGH AND ANR. vs PREM CHAUDHARY AND ORS. - Delhi, DELHI HIGH COURT BAR ASSOCIATION & ANR. Vs GOVT. OF NCT OF DELHI & ANR. - Delhi, DELHI HIGH COURT BAR ASSOCIATION & ANR. vs GOVT. OF NCT OF DELHI & ANR. - Delhi, Galatea Ltd. VS Diyora And Bhanderi Corporation - Gujarat
Search Results for "Arbitrator Refusal to Ask Render Rendition Bank Account"
2024 0 Supreme(SC) 1005 • India - Supreme Court
D. Y. CHANDRACHUD, J. B. PARDIWALA
principles analogous to Order 23 Rule 1 of CPC – Fresh application time-barred as it was filed beyond three years from the date of refusal ... (A) Arbitration and Conciliation Act, 1996 – Section 11(6) – Limitation Act, 1963 – Fresh application for appointment of arbitrator ... to appoint an arbitrator – Respondent not entitled to benefit under Section 14 of Limitation Act for exclusion of time spent in ... Consequently, when the petitioner issued the notice dated 10.4.2002 raising the dispute regarding rendition of #HL_....
2024 Supreme(Online)(SC) 11480 • India - Supreme Court of India
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE J.B. PARDIWALA, HON'BLE MR. JUSTICE MANOJ MISRA
granted during withdrawal of prior application - Fresh application time-barred as it was filed beyond three years from the date of refusal ... (A) Arbitration and Conciliation Act, 1996 - Section 11(6) - Limitation Act, 1963 - Section 14 - Appointment of arbitrator - Fresh ... The respondent later filed a fresh application for appointing an arbitrator, which was challenged by the appellant. ... Consequently, when the petitioner issued the notice dated 10.4.2002 raising the dispute regarding rendition of account....
2024 Supreme(Online)(GUJ) 4271 • India - High Court of Gujarat
BHARGAV D. KARIA, J
account of C2R at Kotak Mahindra Bank, Prahaladnagar Branch, Ahmedabad. ... In a domestic arbitration, Section 29A(1) stipulates a mandatory period of twelve months for the arbitrator to render the arbitral award. ... ; (ii) narrow interpretation of the grounds for refusal; and (iii) limited discretionary power. ... ; (ii) narrow interpretation of the grounds for refusal; and (iii) limited discretionary power. ... Therefore, at this stage, after rendition of the award....
2018 0 Supreme(Del) 1343 • India - Delhi
S.RAVINDRA BHAT, VALMIKI.J.MEHTA, R.K.GAUBA
A decree for Rendition of Account be also passed in favour of the Plaintiffs and against the Defendants with regard to the assets/Bank Accounts, which the Defendant no.1 has been operating and/or has been in control after the demise of the parents/grandparents of the plaintiffs.” ... As regards the bank account and other movable assets of Smt. Vidyavati and Ms. Usha Chowdhury, the same shall exclusively belong to Defendant No.1. ... 7. ... Besides seeking other reliefs in the nature of....
2013 0 Supreme(Del) 1730 • India - Delhi
GITA MITTAL, J.R.MIDHA
The arbitrator renders service to the disputes and charges fees. The position of the State [in civil disputes] is identical to that of an arbitrator. All parties cannot go continuously in search of an arbitrator. Parties to a dispute may not agree to go for arbitration. ... ... ... (vi) Suits for rendition of accounts ... ... 411. ... An arbitrator appointed by the parties for resolution of dispute partakes the character of the court because parties agree to treat ....
• India - Delhi High Court
(Reference hereafter to civil court will include an arbitrator.) ... Besides seeking other reliefs in the nature of injunction, the plaintiffs also sought decree of partition and rendition of accounts, the relevant prayer clauses reading as under:- in control after the demise of the p The civil suit on the file of proceedings relating to which the referral order was recorded was instituted in August, 2005 for the reliefs of declaration, partition, injunction – prohibitory and mandatory - and rendition....
• India - Delhi High Court
(Reference hereafter to civil court will include an arbitrator.) ... Besides seeking other reliefs in the nature of injunction, the plaintiffs also sought decree of partition and rendition of accounts, the relevant prayer clauses reading as under:- in control after the demise of the p The civil suit on the file of proceedings relating to which the referral order was recorded was instituted in August, 2005 for the reliefs of declaration, partition, injunction – prohibitory and mandatory - and rendition....
2013 Supreme(Online)(DEL) 4937 • India - High Court of Delhi
The arbitrator renders service to the disputes and charges fees. The position of the State [in civil disputes] is identical to that of an arbitrator. All parties cannot go continuously in search of an arbitrator. Parties to a dispute may not agree to go for arbitration. ... This would render part of the Entry of List nugatory. ... An arbitrator appointed by the parties for resolution of dispute partakes the character of the court because parties agree to treat its decision binding. The....
• India - Delhi High Court
The costs of such arbitrator has to be met by the parties who agree to refer the disputes to arbitrator. The arbitrator renders service to the disputes and charges fees. ... (vi) Suits for rendition of accounts 411. ... The position of the State [in civil disputes] is identical to that of an arbitrator. All parties cannot go continuously in search of an arbitrator. Parties to a dispute may not agree to go for arbitration. ... Ambe....
2024 0 Supreme(Guj) 601 • India - Gujarat
BHARGAV D. KARIA
Sharma was appointed as the arbitrator who made the awards and decrees were obtained in terms of the awards. ... Shukla and resolutions dated 14.2.2001 and 19.4.2001, by which the Board of Directors of the company had authorised some persons to operate the bank account. 14. ... Sharma was appointed as an Arbitrator and parties agreed to be bound by his decision. The appellants allegedly made statements before C.B. ... If the patentee has known of the objection on the prior publication for many years, delay in applying fo....
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