arbitration agreement. He may invoke the arbitration
agreement to pursue a claim but will also be subject to
the arbitration agreement in the event ... section 16 of the Arbitration &
Conciliation Act, 1996 are not relevant to decide
whether arbitration agreement can be assigned or not.
Under section
only argument canvassed is that on account of this
assignment, the arbitration agreement also stood similarly assigned.
To show this, my attention is invited first ... arbitration agreement is an agreement within an
agreement. Not every contract or agreement requires an arbitration
clause or agreement. Many contracts go without. An arbitration
made ground to set
aside the award and dismissed the arbitration application
in Arbitration Case No.5/2002.
9. The learned counsel for the appellant ... documents are considered or discussed and without any
9
reasons assigned in the arbitration award and also in the
order passed by the learned Principal
maintainable as the arbitration proceedings are on-going and yet
to be concluded and both the arbitration proceedings are not at
the stage of pronouncement ... exclusive job of Mr.
K. K. Gupta was to conduct arbitration proceedings assigned to
him by the Appointing Authority. No fees were payable
defendants /
respondents, therefore, cannot invoke the arbitration agreement or refer any
dispute to arbitration. The plaintiff / petitioner also relies on the judgments
reported ... attract the provision of Part II of the Arbitration and Conciliation Act,
1996 pertaining to foreign arbitration. The defendant no.2 / respondent
also their legal heirs,
representatives, executors, administrators, assigns, etc.
The word "assign" is a verb having a definite connotation
in the legal world ... assignment. The law recognizes
various modes of assignments. Assignment can take
place through sale, mortgage, gift etc. The plain effect of
assignment is that
applicable to the plaintiff-petitioners. The
Assignment Agreement also did not contain an arbitration
clause and, hence, the order dated 30.08.2017 was illegal ... would be referred to arbitration of a sole Arbitrator.
The Assignment Agreement contains no arbitration clause. The
defendant-respondent No.1 in the application filed
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In
R/PETN. UNDER ARBITRATION ACT NO. 37 of 2017
================================================================
KALPATARU GARDENS PRIVATE LIMITED
Versus
BHARATBHAI RAJIVBHAI ... registry to ascertain the roaster as the application pertains to arbitration
case assigned to a particular Court, & place the matter accordingly.
(A.Y. KOGJE
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In
R/PETN. UNDER ARBITRATION ACT NO. 32 of 2017
================================================================
KALPATARU GARDENS PRIVATE LIMITED
Versus
GABHUBHAI GAFURBHAI ... registry to ascertain the roaster as the application pertains to arbitration
case assigned to a particular Court, & place the matter accordingly.
(A.Y. KOGJE
Award contains decision on matters
beyond the scope of submission to
arbitration.
(b) Award is in conflict with public
policy of India as the same ... Section 31(3) of the Arbitration and
Conciliation Act, 1996 as Counter Claim of
Respondents was rejected without
assigning any reasons.
17) Before assailing
