simple interest @
18% p.a. shall be payable from date of invocation of arbitration
i.e., 6th July 2008 till date of award. However, during ... granted and was directed to be
paid from the date of invocation of arbitration up to the date of
pronouncement of the award. Interest
Dues Certificate" from the Petitioner.
14. He also submits that invocation of arbitration proceedings under
Section 11 of the Act is barred by limitation ... were
crystallised on 28.03.2018 and hence the
cause of action for invocation of arbitration
can also said to have arisen on this date. This
position
duly been mentioned which reads as under:
"Sub: Notice for invocation of arbitration as per clause 31 of
BBNL Tender No.BBNL/MM/2017 ... work orders and hence, the tender
document shall also apply for invocation of arbitration.
20. The judgment of Amit Guglani (supra) relied upon
client in a very proactive and prioritized
manner.
5. Therefore, an invocation of Arbitration under Clouse 14 of PO
by your client, Addressee ... dated 06.03.2013
(hereinafter referred to as 'PO' and invocation of Arbitration
under Clause 14 of the PO is unwarranted as ACME Cleantech
Solutions
that the Clauses mandating attempts at
amicable settlement as precursor to invocation of arbitration have also
been upheld by this court in various cases wherein ... also an arbitration/ dispute
resolution clause. Thereafter, the Tripartite Agreement
executed on 26th July, 2017 contained a further
arbitration clause. While the arbitration clause
pertaining to
section 21 of the said Act, that invocation of arbitration has
to be in clear terms, as specified in the said provision ... applicant to contend that this ought to be read as
invocation of arbitration clause, as there was dispute
between the parties and there
borne out from
the records.
(c) Non-service of Notice of Invocation of Arbitration under Section
21 of the Arbitration and Conciliation ... behalf of
the respondent is that there is no Notice of Invocation of Arbitration served
upon the respondents in terms of Section
invocation of arbitration is one time
measure and it cannot be held that once the Arbitration clause is invoked,
the remedy of arbitration ... that all the claims that have arisen
on the date of invocation of arbitration must be referred to arbitration. It
would not be permissible
instant matter, the primary contention of the
respondent while objecting to invocation of arbitration
proceedings and appointing an arbitrator, is that the petitioner
had issued ... agreements executed between the parties
are to be construed harmoniously, the invocation of
arbitration proceedings cannot be rendered void due to mere
discrepancy arising
Since the Loan Agreement contained Article 16 , which is an arbitration
agreement, Petitioner sent invocation notice on 24.06.2025 calling upon the
Respondent to concur with ... Since the
Loan Agreement contained Article 16 , which is an arbitration agreement,
Petitioner sent invocation notice on 24.06.2025 calling upon the Respondent
to concur with
