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M/S Wave Geo-Services Pvt Ltd vs M/S Devi Engineering And Construction ... on 3 July, 2023 cites

Demerara Distilleries Pvt. Ltd. vs Demerara Distilleries Ltd. on 24 November, 2014

"5. Ms. Pahwa, learned Counsel for the respondents submitted that her only objection, to the petition, was that the petitioner has not exhausted the avenue of amicable resolution, contemplated by Clause 12 of the Share Buyback Agreement. I am not inclined to agree with this submission. The recital of facts, as set out in the petition, indicate that efforts at trying to resolve the disputes, amicably were made, but did not succeed. Even otherwise, the Supreme Court 2 2021:DHC:496 3 (2015) 13 SCC 610 4 MANU/DE/3028/2014 Signature Not Verified Digitally Signed ARB.P. 1068/2022 Page 10 of 12 By:RADHA BISHT Signing Date:03.07.2023 18:08:44 in Demarara Distilleries Pvt. Ltd. v. Demerara Distilleries Ltd. and this Court, in its judgment in Ravindra Kumar Verma v. BPTP Ltd., opined that relegation of the parties to the avenue of amicable resolution, when the Court is moved under Section 11(6) of the 1996 Act, would be unjustified, where such relegation would merely be in the nature of an empty formality. The arbitration clause in the present case does not envisage any formal regimen or protocol for amicable resolution, such as issuance of a notice in that regard and completion of any stipulated time period thereafter, before which arbitral proceedings could be invoked.
Supreme Court - Daily Orders Cites 5 - Cited by 39 - Full Document
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