rightly invoked the said arbitration agreement.
The impugned order holding that arbitration agreement was not
assigned in favour of the petitioner shows patent illegality ... decide whether the Applicant can invoke
arbitration.
The arbitration clause contained in the Letter of Assignment
clearly stipulate that, assignee has stepped into the shoes
separate and independent arbitration clauses which can survive
even when the reference to arbitration mechanism does not survive.
20. If the arbitration has been initiated ... entire reasoning on the principle that the assignment of contract would
also amount to assignment of arbitration agreement contained in
contract. However
invoked Clause 21 of the Deed of
Assignment, which stipulates the Arbitration Clause and the same is
reproduced as follows:
"21. Arbitration: Any claim ... respondent No.1 by stating that under the Deed of
Assignment (which contains the Arbitration Clause): (i) there was no
obligation on the part
with a clear understanding that
the provisions of the Arbitration Act shall apply to the arbitration
proceedings and even the fees and other expenses ... undertaken as well as his prior experience in arbitration
proceedings. This include his various arbitration assignments
from 2005 onwards. There is also a disclosure that
arbitration was invoked and according to the applicants, they
were not intimated about invocation of arbitration, the applicants
have questioned the commencement of arbitration proceedings ... undertaken as well as his prior experience in arbitration
proceedings. This include his various arbitration
assignments from 2005 onwards. There is also a
disclosure that
which
has held that if a contract is assignable, an arbitration clause
will follow the assignment of the contract.
The learned counsel Mr.Mody would ... invoke arbitration, relying upon the arbitration
agreement in the PO, Mr.Ankhad would submit that the effect
of novation and/or assignment by virtue
initially appointed by this Court, has
declined to take up the arbitration assignment due to an eye illness.
In view of the above, this court
arbitration clause. It is argued that there is neither any privy of
contract nor any arbitration agreement/ clause between the
parties, therefore, no arbitration proceedings ... contract will follow the assignment. It was
observed that post the assignment of the loan agreement, the
rights under the arbitration agreement being
wherein it held that if the contract is assignable, the arbitration
agreement enshrined in the contract will follow the assignment), in its
judgment in Kotak ... OnLine Del 6832), held that if the contract is assignable, then the
arbitration agreement enshrined in the contract will follow the assignment.
It was observed
reading of the Clauses of the Agreements for Assignment, it is
clear that pursuant to the assignment made by the assignor / petitioner in
favour ... these demand notices. Counsel
hence submits that since the Assignment Agreement contains an arbitration
clause, this is a fit case for a prayer for interim
