superseded by the Revenue Sharing Agreement and therefore
the invocation of the arbitration clause under the terms of the
Revenue Sharing Agreement is correct. This ... contracts stood novated by the
subsequent agreement and therefore the invocation of the
arbitration clause in the latter agreement was correct.
17. The counsel would
notice dated 28.11.2019. The
respondent refused to consent for the invocation of the arbitration stating
that the matter was sub judice by NCLT, Chennai. Therefore ... petition to be dismissed for default on 11.02.2020 and
therefore, the invocation of Arbitration Clause pending the IBC
proceedings is without jurisdiction.
9.Heard
contract, no
prior notice had been issued before invocation of the BG. A few hours after
invocation of the Bank Guarantee, intimation was served ... under Section 9(ii)(d) of the Arbitration and
Conciliation Act, challenging the invocation and encashment of the said
BGs. The appellant(s) also sought
contract, no
prior notice had been issued before invocation of the BG. A few hours after
invocation of the Bank Guarantee, intimation was served ... under Section 9(ii)(d) of the Arbitration and
Conciliation Act, challenging the invocation and encashment of the said
BGs. The appellant(s) also sought
escalation amount, which has led to the dispute being
raised and the arbitration clause being invoked. To be noted 10.04.2013
trigger notice has already been ... being put against the contractor, tantamounts to
begging the question qua invocation of arbitration and therefore I am unable
to sustain this plea of HPCL
Further, the black-listing has come much after the invocation of the
arbitration clause by the petitioner and it is this black-listing that ... respondent's team on 05.03.2011 and the invocation of the
Arbitration clause on 31.05.2012. The witness on the side
suffered the Foreign Award.
13. Therefore, for all the foregoing reasons, this Arbitration Original
Petition is partly allowed and decree is granted in terms ... Copy of the Invocation of Arbitration (Pg.53
Vol - I).
4. P-4 03.12.2018 Copy of the Claim Submission to the Arbitral
Tribunal
Chennai 600 016. ... Respondent
PRAYER: Petition filed under Section 11(6) of Arbitration and Conciliation Act,
199 praying to appoint an arbitrator to decide ... appointed.
4. Heard both sides.
5. When the notice of invocation for arbitration was sent to the respondent, the
respondent has sent a reply dated
Chennai 600 016. ... Respondent
PRAYER: Petition filed under Section 11(6) of Arbitration and Conciliation Act,
199 praying to appoint an arbitrator to decide ... appointed.
4. Heard both sides.
5. When the notice of invocation for arbitration was sent to the respondent, the
respondent has sent a reply dated
terms of the agreement, the
respondent was questioning the very invocation of the arbitration
clause under the agreement, which, according to the respondent
