TMI Blog2019 (4) TMI 1728X X X X Extracts X X X X X X X X Extracts X X X X ..... words, the impugned order has been passed in violation of principles of natural justice inasmuch as the petitioner was not afforded an opportunity of hearing with regard to merits of the claim of the petitioner under Section 9 of the Code. Therefore, it is not necessary for this court to examine the rival contentions made on both the sides. The impugned order is hereby quashed. The tribunal is directed to decide the application preferred by the respondent under Section 8 of the Act as well as issue with regard to entertaining the proceeding under Section 9 of the Code by a speaking order after affording an opportunity of hearing to both the parties, expeditiously, preferably within a period of six weeks from today. - Writ Petition No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner also invoked the arbitration clause as contained in the Letter of Acceptance. The respondent entered appearance and filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act for short) before the Tribunal seeking reference to Arbitration. The Tribunal allowed the Interlocutory Application filed by the respondent and rejected the petitioner s application by an order dated 25.07.2018. Being aggrieved, the petitioner has filed this petition. 2. Learned counsel for the petitioner submitted that the subject matter of the proceeding under Section 9 of the Code could not be referred for arbitration. It is further submitted that even though arguments on application un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ates Ltd. (Applicant/Corporate Debtor) u/s 8 of Arbitration and Conciliation Act, 1996 Regulationw Rule 11 of NCLT Rules, 2016 by seeking the following reliefs: a. Refer the parties for Arbitration pursuant to clause 5 of the letter of Acceptance dated 19.03.2008 and dismiss the above petition. b. Appoint either Bangalore arbitration Centre or such other person as this Hon ble Tribunal may deem fit as an Arbitrator to decide and determine the rights of the parties under the Letter of Acceptance dated 19.03.2008; and c. Pass such other orders as this Hon ble tribunal may deem fit in the interest of justice and equity. 8. Shri.Dharmendra Chatur, the learned counsel for respondent/ petitioner while reite ..... X X X X Extracts X X X X X X X X Extracts X X X X
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