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Voltas Ltd vs Rolta India Ltd on 14 February, 2014

8. Counsel for petitioner on the point of Section 8, 11 and 21 of Arbitration and Conciliation Act 1996 relied upon the judgment of Voltas Limited Vs. Rolta India Limited and State of Goa Vs. Praveen Enterprises both of Hon'ble Supreme Court and Narayan OMP (COMM) No. 20/18 Web Overseas Limited Vs. Universal Industrial Plants Manufacturing Company Private Limited Page No. 11 of 24 Prasad Jalan Vs. Chetan PS Chauhan and Others OMP 292/2004 decided on 18.08.2005 by Hon'ble High Court of Delhi and Anacon Process Control Private Limited Vs. Gammon India Limited decided on 22.12.2016 in Arbitration application no. 108/2015 by Hon'ble High Court of Bombay. The first two judgments were basically referred on the point of twin test in respect of applicability of Section 21 of Arbitration and Conciliation Act 1996 for limitation. The judgment of Narayan Prasad Jalan was referred on the point that u/s 8 of Arbitration and Conciliation Act, the judicial authority merely refers parties to the Arbitration and it has no power to appoint the Arbitrator or refer to dispute to the Arbitrator which can be done only u/s 11 of the Act. The judgment of Anacon Process Control Private Limited was referred on the point that a petition u/s 8 of Arbitration and Conciliation Act cannot be treated as a request to the party for arbitration for applicability of Section 21 of Arbitration and Conciliation Act. Reference was made to para 14 of the judgment which read as under :
Supreme Court of India Cites 23 - Cited by 77 - D Misra - Full Document
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