Arbitration and
Conciliation (Amendment) Act, 2015 , which came into force
on 23.10.2015. By virtue of Subsection (5) of Section 12
read with 7th Schedule ... under Section 11(6) but such remedy lies elsewhere and
under different provisions of the Arbitration Act ( Sections
12 and 13 ), the context in which
Arbitrator under Section 11(6) of the 1996 Act,
such appointment can be questioned under Section
13 thereof. In a proceeding under Section ... IAAP/70/2020 CAV JUDGMENT
Arbitration Act ( Sections 12 and 13 ), the context in
which the aforesaid view was expressed cannot be
lost sight
under Section 11(6) but such remedy lies
elsewhere and under different provisions of the Arbit
ration Act ( Sections 12 and 13 ), the context ... IAAP/51/2020 CAV JUDGMENT
with Section 12(1)(b) of the Arbitration and Conciliation Act,
1996 as amended by the Arbitration and Conciliation
(Amendment
JUDGMENT
powers conferred under subsection (5) read with subsection (4)
and subsection(2) of Section 11 , appoints Mr. Jutice Kartikeya
Thaker, Former ... terms of Sixth
Schedule, under Section 11(8) read with Section 12(1)(b) of the
Arbitration and Conciliation Act, 1996, as amended
Section 11 of the 1996 Act,
which reads as follows :
"11. (5) Failing any agreement referred to in sub
section (2), in an arbitration ... undertaking" within the meaning of
Section 2(1)(i) of the said Arbitration Tribunal Act or not.
12. It appears that there
arbitrators, therefore, would be hit by
Sub Section (1) of Section 10 and Sub Section (2) thereof
would come into play. It is therefore required ... Ahmedabad as contemplated in Sixth Schedule (under
section 11(8) read with 12(1)(b) of the Arbitration and
Conciliation Act, 1996 ), as amended
Section 11 of the
Arbitration and Conciliation Act, 1996.
3. Learned advocate Mr. Mehta for the
petitioner has relied upon the Arbitration
Clause contained ... Pandya as contemplated in Sixth
Schedule (under section 11(8) read with 12(1)(b)
of the Arbitration and Conciliation Act, 1996 ,
as amended
Section 11 of the
Arbitration and Conciliation Act, 1996.
3. Learned advocate Mr. Mehta for the
petitioner has relied upon the Arbitration
Clause contained ... Pandya as contemplated in Sixth
Schedule (under section 11(8) read with 12(1)(b)
of the Arbitration and Conciliation Act, 1996 ,
as amended
contemplated in the Sixth Schedule (under section 11(8) read
with 12(1)(b) of the Arbitration and Conciliation Act, 1996 , as
amended
ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 46 of 2020
==========================================================
RAMCHANDRA DAHYABHAI PRAJAPATI
Versus
PUNAMCHAND DAHYABHAI PRAJAPATI ... contemplated under the Sixth Schedule (under
Section 11(8) read with Section 12(1)(b) of the
Arbitration and Conciliation Act, 1996, as
amended
