dates as date of invocation of the arbitration.
The date of invocation of arbitration, as per the petitioner, was
28.06.2019. The petitioner in its Statement ... reckoned with as invocation.
OMP (COMM) No. : 12/2023 4/73
9. According to petitioner, the date of invocation of
arbitration was 28.6.2019, whereas last
that the applicants have not complied with the prerequisite condition
for invocation of arbitration.
17. It is contended that the applicants are seeking appointment ... upon the purported disputes without
adhering to the proper procedure for invocation of arbitration, as
prescribed under the arbitration agreement between the parties
show cause notice cannot be
treated as an invocation of Arbitration Agreement. It is stated that the
ARP. P. No.181/2014 & 196/2014 ... which the same shall be settled through arbitration. The
arbitration proceedings shall be governed by the Arbitration &
Conciliation Act, 1996 , or any statutory amendments
fixed. However, respondent failed to
make payment of the above installment.
Invocation of Arbitration Clause of proceedings thereupon :
3. In this background of facts ... agreement are that the Arbitrator was to
be appointed after invocation of arbitration clause by mutual agreement of
the parties within 30 days of submission
common grounds of objection to the reference of the disputes to arbitration.
Invocation of arbitration was sought to be assailed on the ground that ... invocation cannot be faulted at.
45. Mr. Kanade would urge that the absence of the resolution by the LLPs is
fatal to invocation of arbitration
common grounds of objection to the reference of the disputes to arbitration.
Invocation of arbitration was sought to be assailed on the ground that ... invocation cannot be faulted at.
45. Mr. Kanade would urge that the absence of the resolution by the LLPs is
fatal to invocation of arbitration
commencing
the actual arbitration proceedings. It amounts to abandoning the
arbitration itself. It results in abandonment of the notional 'arbitration
proceeding' that ... previously invoked the same arbitration clause. If the cause of action
for invoking subsequent arbitration has arisen after the invocation of the
first arbitration, then
addressed a notice to
the petitioner styled as "NOTICE OF INVOCATION OF
ARBITRATION AGREMENET AS CONTAINED IN
MEMORANDUM OF UNDERSTANDING DATED 20.12.2019
AND APPOINTMENT ... argued that their
notice dated 21.06.2021 completed the requirements of invocation
of arbitration under section 21 of the Arbitration and Conciliation
first time through the
reply, sent by the respondent to the arbitration invocation notice issued
under Section 21 of the Arbitration and Conciliation ... Only for the first time through their reply
sent to the arbitration invocation notice dated 20.08.2024, the respondent has
taken a plea that they
withheld on arbitration proceedings unless
it is the subject matter of arbitration.
4. The petitioner has invoked arbitration in accordance with the
arbitration clause ... expired on 31.12.2015
itself, but, arbitration was initiated by the petitioner only in the year
2024.
b) The Arbitration invocation notice dated 10.09.2024 issued
