during the pendency of the proceeding it has jurisdiction to
stay the proceeding. Hence District Commission stayed the
proceeding.
3 RP/18/2023 ... submitted that
the arbitral proceeding before the arbitrator cannot be stayed
by District Commission as proceeding before arbitrator are
special proceeding under special Act namely
prayed for referring the parties to this
complaint case to Arbitral Tribunal in terms of arbitration clause contained in
the standard terms and conditions ... parties contained an Arbitration
Clause for referring such dispute to Arbitral Proceeding in terms of
Arbitration & Conciliation Act, 1996 .
On the other hand upon
appointment of an arbitrator for settlement of the matter through an arbitral proceeding. It
appears that the aforesaid order was passed by the District Forum ... District Forum erred in law in relegating the
matter to an arbitral proceedings without complying with the mandatory provision
of Section 8 of the Arbitration
existence of the arbitration clause, which has been acted upon and arbitral proceeding have been commenced under section 21 of the Arbitration and Conciliation ... purposes and intent as per section 21 of the arbitral proceeding has been deemed to have been commenced. Apart from above, in view
written version,
respondent/O.P. specifically pleaded that notice regarding arbitral
proceeding was sent to the appellant/complainant by regd. post and
despite of service
prayed for referring the parties to this complaint case to Arbitral
Tribunal in terms of arbitration clause contained in the standard terms and
conditions ... parties contained an Arbitration
Clause for referring such dispute to Arbitral Proceeding in terms of
Arbitration & Conciliation Act, 1996 .
On the other hand upon
referred the dispute to one Mr. Nitin Chavan, Chartered Accountant for arbitral proceeding against the respondent no.1. Though the appellants tried to establish that
Arbitrator, and/or that he submitted himself to the arbitral proceeding and participated in it before initiation of his complaint case at the Ld. District ... transpires from the photocopy of the claim petition filed before the Arbitral Tribunal that the cause of action originated over a notice purported to have
between the parties shall be referred to the sole arbitration of an Arbitral Tribunal appointed by the Managing Director of the Company whose decision shall ... before the Hon'ble High Court at Calcutta for an arbitral proceeding being Case No. 36 of 2015 between Unnayan Developers
Appellant filed the reply to the complaint and intimated about the
Arbitral proceeding initiated by the Appellant as per the terms of
the loan agreement
