Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

2018 (4) TMI 781

ed 14.06.2010 is a part of the Contract and it shall be read and construed as an integral part of the Contract. Therefore, the contention of the respondent-Company that there does not exist any arbitration agreement between the parties is not sustainable in the eyes of law - Arbitration clause exists in the Contract. - It is a cardinal principle of the Arbitration and Conciliation Act that the parties are free to decide the number of arbitrators, provided, it is an odd number, as well as the procedure for appointing them - Justice Amitava Roy, a former Judge of this Court, is appointed as the sole Arbitrator to adjudicate the disputes between the parties on such fees he may fix. - Petition disposed off. - Arbitration Case (C) No. 53 .....

X X X X X X X

Full Text of the Document

X X X X X X X

s Act, 1956 having two subsidiary companies. First subsidiary Company of the respondent-Company is the Lucknow Sitapur Expressway Limited (LSEL) which is a special purpose vehicle (SPV) of the respondent-Company and has signed a Concession Agreement with the National Highways Authority of India (NHAI) for developing Lucknow-Sitapur Highway Project (LSEL Project) for widening the existing 2-Lane Road to 4-Lane dual carriageway between Km 413.200 to Km 488.270 on NH-24 in the State of Uttar Pradesh. Second subsidiary Company of the respondent-Company is Raipur Expressway Limited (REL), which is also a special purpose vehicle (SPV) of the respondent-Company and has signed a Concession Agreement with the NHAI for developing the Raipur-Aurang Hi .....

X X X X X X X

Full Text of the Document

X X X X X X X

s. Further, on 12.06.2013, a reminder for outstanding payment was sent to the respondent-Company. 6) On 24.04.2014, a legal notice for invoking Arbitration Clause and appointment of Arbitrators was sent to the respondent-Company and the name of Mr. Debashish Moitra, Advocate was suggested as a Sole Arbitrator, however, there was no reply from the other side. The IBI Group and the petitioner-herein filed petitions under Section 11 of the Act before the High Court being Arbitration Petition Nos. 443, 448, 444 and 449 of 2014 before the High Court of Delhi at New Delhi. Learned single Judge of the High Court, vide order dated 24.02.2015, disposed of the petitions while holding that since one of the parties to the petition is an entity incorpor .....

X X X X X X X

Full Text of the Document

X X X X X X X

ement. At this juncture, it is pertinent to set out Article-1 as well as Clause 3.14 of the Contract Agreement dated 30.08.2010 which are as under:- Article-1 Contract Documents The following document shall constitute the Contract between the client and the contractor, and each shall be read and construed as an integral part of the Contract; (i) This Contract Agreement and Appendices hereto (ii) Letter or indent ref no. No LSEL/Tolling/IBI/HO-2 dated 14th June 2010….. Clause 3.14 Arbitration (as mentioned in ref. No LSEL/Tolling/IBI/HO-1 dated 14th June 2010) 1. In the event of any dispute or difference arising out or touching upon any of the terms and conditions of this contract and /or in relation to the implementation or interpret .....

X X X X X X X

Full Text of the Document

X X X X X X X

, if the parties are not able to agree on the said procedure, or constitute the Arbitral Tribunal to their mutual satisfaction, either of the party has an option to route to an appropriate remedy under Section 11 of the Act, which provides detailed machinery for appointment of Arbitrator through judicial intervention. 11) Accordingly, Justice Amitava Roy, a former Judge of this Court, is appointed as the sole Arbitrator to adjudicate the disputes between the parties on such fees he may fix. Nevertheless to say, the said appointment is subject to the necessary disclosure being made under Section 12 of the Act and the Arbitrator not being ineligible under Section 12(5) of the Act. 12) The petitions as well as interlocutory application, if any .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||