learned Arbitrator, as well as stay of the
respective arbitral proceeding.
The facts giving rise to both the arbitral proceeding, between the same parties ... arbitral agreement, sub-section (2A) of
Section 23 also does not entitle the respondent in the arbitral proceeding to bypass the said
procedure. On these
confined to a proceeding
before the arbitral tribunal. The expression "in relation to arbitral proceeding
commenced on or after the date of commencement ... notice under Section 21 of the Arbitration and
Conciliation Act. The arbitral proceeding in respect of a dispute commences
on the date on which
between the parties, which are to be finally adjudicated in the arbitral proceeding before
the arbitrator and not in these applications.
It was strenuously urged ... will, is to be adjudicated upon by the arbitral tribunal in the arbitral proceeding.
The petitioner in the first application has not disclosed any document
Chairman-cum-Managing Director of the
respondent commenced by the arbitral proceeding but the same did not attain
the finality.
2
By a letter dated ... arrange for appointment of a new arbitrator to
conclude the arbitral proceeding. By a letter dated December 02, 2016 an
authorised signatory of the respondent
State Bank of India"), till the disposal
of the arbitral proceeding. They have further prayed for an order of injunction restraining
the respondent ... separate
arbitral agreement contained in the agreement dated December 13, 2013, relating to phase 3
of the said project. In the said arbitral proceeding
that
the claim of the present petitioner no. 1, in the arbitral proceeding, for refund of
Rs.3 crores arose on account of delayed payment ... without prejudice to its rights and contentions in the arbitral
proceeding.
The respondent no. 1 has filed an application under Section
relating to the contract are
required to be adjudicated in the arbitral proceeding under the Act of 1996.
According to the petitioner, the completion ... dispute which is to be decided by the arbitrator in the arbitral proceeding. It was
urged that the forfeiture of the security deposit, as well
than six months after the completion of the pleadings.
However, the arbitral proceeding could not be concluded on the ground that the
respondents alleged before ... learned sole Arbitrator for continuance of the arbitral
proceeding against the respondents.
The learned sole Arbitrator is yet to take any step to conduct
view of the fact it has been referred to BIFR, no arbitral proceeding can be initiated against
6
it. The petitioner has, however, filed ... disputes arisen between the parties can be proceeded
with in the arbitral proceeding. According to the petitioner, on account of the failure on the part
limitation can be effectively decided by an arbitrator in the arbitral proceeding. Therefore, I
find that in the facts of the present case the petitioner ... learned Arbitrator will be free to fix his remuneration in the arbitral proceeding,
to be equally shared by the parties. The Arbitrator will also also
