assignable or. it was said, was only assignable where the assigns were expressly mentioned in the clause itself or the contract which contained the arbitration ... assigned. Secondly, the rights under a contract can be assigned, but the obligations under a contract lawfully cannot be assigned. Thirdly, the intention about assignability
were the contractors who had assigned all moneys under the contract.
14. The assignability of a contract containing an arbitration clause came up for consideration ... assignable, or, it is said, is only assignable where the assigns are expressly mentioned in the clause itself or the contract which contains the arbitration
ANIRUDDHA ROY, J.:
Facts:
1. This is an assigned arbitration application.
2. This is an application filed under Section 34 of the Arbitration and
Conciliation
referred to and finally resolved by arbitration
under the Arbitration and Conciliation Act, 1996 . The arbitration shall be conducted as
follows:
(i) The parties shall ... deed of assignment without any variation. There is also
no term in the deed of assignment which is repugnant to the arbitration clause
contained
party to any
arbitration agreement or that the petitioner was not entitled to invoke the
arbitration agreement. The factum of the arbitration agreement ... says that an
arbitration agreement is personal to the parties and as to whether an
arbitration agreement would survive the assignment of the original
contract
fulfil their obligation under
the assignment agreement. It is submitted that the assignment
agreement contains an arbitration clause and the dispute should be
referred ... Kamal Kumar Mukherjee was a
signatory in the deed of assignment, the arbitration clause will apply
to his heirs. The deed of assignment
also a clause which makes the
borrower bound by the assignment. The notice invoking arbitration is on
record. Non-payment/default by and from ... signatory can raise a dispute or whether the arbitration clause
stood assigned or whether the petitioner has any legal claim against the
borrower
Ayan Dey,Adv.
..for Respondent.
The Court:-This specially assigned arbitration
petition has been made invoking section 29A of Arbitration
& Conciliation Act, 1996. Claimant
Advocate
for the petitioner
The Court: This is a specially assigned arbitration petition to be
heard by a Single Bench. I am now sitting
MUKERJI
Date: 1st December 2017
The Court: This is a specially assigned arbitration petition to be
heard by a Single Bench. I am now sitting
