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
crystallised on or around the said date. The alleged arbitration invocation
notice was issued only on 30.06.2022, well beyond three years from the
date ... Arbitration and Conciliation Act,
1996; further, it does not clearly identify the specific arbitration clause
under which arbitration is sought to be invoked. The particulars
arbitrator on behalf of the defaulting party.
20. Following the alleged invocation of arbitration in the year 1989,
no further effective steps were taken ... later, the Plaintiff issued another Notice
dated 10.05.1994 reiterating the earlier invocation of arbitration dated
09.12.1989. In the said Notice, the Plaintiff asserted that despite
rendered invalid merely
because there was no invocation notice under Section 21 of the
Arbitration Act if the claim is otherwise valid and the dispute ... society having no independent
rights. This Court held that for valid invocation of arbitration, notice
could be issued only by the Society and individual member
notice invoking the arbitration clause applies
where arbitration is sought for the first time. In
the present case, the arbitration clause had
already been invoked ... arbitration
is received by the other side, unless otherwise
agreed between the parties. According to him,
the arbitration clause do not contemplate 're-
invocation
arbitration specifying
statutory requirements under Section 21 of the Arbitration Act.
Alternatively, he submits that Section 9 proceedings can be maintained
even before invocation ... proceedings
under the SARFAESI Act is not a bar for invocation of arbitration. That
proceedings under the SARFAESI Act are enforcement proceedings
whereas the proceedings
arbitration specifying
statutory requirements under Section 21 of the Arbitration Act.
Alternatively, he submits that Section 9 proceedings can be maintained
even before invocation ... proceedings
under the SARFAESI Act is not a bar for invocation of arbitration. That
proceedings under the SARFAESI Act are enforcement proceedings
whereas the proceedings
aforesaid, he would submit that there is a belated
invocation of the Arbitration Clause envisaged in the Agreement
insofar as the actual performance ... Respondent and especially those relating to the delay in invocation of
Arbitration proceedings and the alleged invalid and fabricated letter of
acknowledgement dated
arbitrable. It has been contended that
even the letter seeking invocation of arbitration clause issued
by the petitioner is hopelessly time barred and, therefore ... arise when the respondent fails to respond to the notice for
invocation of arbitration clause and the limitation with regard
to claim, which is subject
arbitrable. It has been contended that
even the letter seeking invocation of arbitration clause issued
by the petitioner is hopelessly time barred and, therefore ... arise when the respondent fails to respond to the notice for
invocation of arbitration clause and the limitation with regard
to claim, which is subject
