counter claim
made by the Appellant in the same very arbitral
proceeding and if counter claim or part of it is set off with ... question relating the continuation of
arbitral proceeding is concerned, the issue stands
decided by the Hon'ble Supreme Court in
"Alchemist Asset Reconstruction
after declaration of
moratorium and appointment of the Resolution Professional, the arbitral
proceeding between 'M/s K. S. Oils Ltd.' (Corporate Debtor ... Indian Council of Arbitration decided
to proceed with the arbitral proceeding irrespective of order of moratorium
passed by the Adjudicating Authority.
Company Appeal (AT) (Insolvency
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
Tribunal),
Chennai Bench whereby the prayer of Appellant to allow Arbitral Proceeding to
be resumed for completion on its own and enabling the Arbitrator ... Learned counsel appearing on behalf of the Appellant submits that the
Arbitral Proceeding is pending since 2012 and on the verge of completion. The
Appellant
termination of contract wrongfully was the subject
matter of an arbitral proceeding under the Arbitration and Conciliation Act, 1996 .
5. The Informant submitted that after
suit 'or. arbitral proceedings i An lesion fea a
: dispute In this case, the e dispute in the suit/arbitral proceeding should ... case, showing a record of pendency of a suit or arbitral proceedings : .
" "on a dispute is enough andto intent of the , Legislature
consumers that they should have been appraised and consulted about the arbitral proceeding and decision to accept the award. Such a contention has neither
subject to
the arbitration matter with OC, which is pending
before the Arbitral Tribunal. The arbitration is
going on and we shall keep you updated ... dispute relating to quality of service of goods. Pendency of any
arbitral proceeding is not between the 'Operational Creditor' and the
'Corporate
dispute and the so-called arbitration
proceeding is not an arbitral proceeding in terms of the Arbitration &
Conciliation Act, 1996 .
3. The Respondent while
allowed the 'Corporate
Debtor' to pursue the claim before the Arbitral Tribunal.
2. According to the Appellant, the question of
determination of counter ... counter claim made by the Appellant in the same very arbitral
proceeding and if counter claim or part of it is set off with
