Case Note & Summary
The petitioner, N.K. Developers Pvt. Ltd., filed a petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, on 12.08.2008, seeking appointment of an arbitrator to adjudicate disputes with the respondent, Concord India Ltd. The petition remained pending for nine years. On the date of hearing, the Court refused any further adjournment and took up the matter for final disposal. After hearing both sides, the Court appointed Mr. D. Manmohan, Advocate, as the sole arbitrator to adjudicate the disputes between the parties. The Court noted the unfortunate delay of nine years even to appoint the arbitrator.
Headnote
A) Arbitration Law - Appointment of Arbitrator - Section 11 of the Arbitration and Conciliation Act, 1996 - The petition under Section 11(5) of the Act was filed on 12.08.2008 seeking appointment of an arbitrator to adjudicate disputes between the parties. The Court, noting the inordinate delay of nine years, refused further adjournment and took up the matter for final disposal. The Court appointed Mr. D. Manmohan, Advocate, as the sole arbitrator to adjudicate the disputes between the parties. (Paras 1-3)
Issue of Consideration
Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996, despite the petition being filed nine years ago.
Final Decision
The Court appointed Mr. D. Manmohan, Advocate, as the sole arbitrator to adjudicate the disputes between the parties.
Law Points
- Section 11 of the Arbitration and Conciliation Act
- 1996
- Appointment of Arbitrator
- Delay in disposal of Section 11 petition
Case Details
2017 LawText (KAR) (10) 19
Udaya Holla, Vivek Holla, Goutham K.V., Suraj Govinda Raj
N.K. Developers Pvt. Ltd.
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Nature of Litigation
Petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator.
Remedy Sought
Petitioner sought appointment of Mr. D. Manmohan, Advocate, or any other arbitrator to adjudicate disputes between the parties.
Filing Reason
Disputes arose between the petitioner and respondent, and the petitioner sought arbitration.
Issues
Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996.
Submissions/Arguments
Petitioner argued for appointment of arbitrator. Respondent opposed or consented (not specified).
Ratio Decidendi
The Court, after hearing both parties and noting the delay, appointed an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
Judgment Excerpts
This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’), filed in this Court way back on 12.08.2008, nine years ago, seeking appointment of the Arbitrator.
Unfortunately, for some reason or the other, it has taken such a long time of nine years even to appoint the Arbitrator in the matter and therefore refusing any further adjournment, this Court took up the matter for final disposal on its very first listing before this Court.
Procedural History
Petition filed on 12.08.2008 under Section 11(5) of the Arbitration and Conciliation Act, 1996. Heard on 26.10.2017 and disposed.
Acts & Sections
- Arbitration and Conciliation Act, 1996: Section 11, Section 11(5)
