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
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
parties to arbitration nor the
notice of motion filed by the respondent seeking reference to
arbitration would amount to invocation of arbitration under
Section ... itself furnish a justifiable ground to dispense with
the invocation of arbitration under Section 21 of the Act, 1996.
However, there is a peculiar fact
context of section 21 thereof, as
regards the invocation of arbitration by either party.
3. The facts in brief leading to filing of the present ... referred to
arbitration. Unless there is a request for referring the
dispute to arbitration, it cannot be said that arbitration
has been invoked
court for invoking the
arbitration application and for commencement of arbitration proceedings.
Sub- section 2 of Section 43 of the Arbitration Act lays down that ... invoking the arbitration clause. That application is for
appointment of arbitrator, after invoking the arbitration clause.
Invocation of the arbitration clause precedes an application under
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
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
March 2011 by this Court cannot
be a reason for invocation of arbitration under an altogether
different Agreement (Evergreen Agreement of 2011).
9) Mr. Kumbhakoni ... December 2015 were under Evergreen Agreement dated 11
March 2011, whereas invocation of arbitration leading to the
impugned Award is through Concept Agreement dated
