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
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
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
requirements of Section 21 of the Arbitration
and Conciliation Act, 1996;
h) A second arbitration invocation notice, subsequent to the passing ... granted leave to initiate fresh arbitration,
the question of calculating limitation from the date of the fresh arbitration
invocation notice, subsequent to the order dated
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
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
these petitions. It has also been contended that the
notice of invocation of arbitration clause has not been
received by the respondents. It has been ... arbitrable. It has been contended
that even the letters seeking invocation of arbitration
clause issued by the petitioner company are hopelessly
time barred and, therefore
disputes shall be settled by arbitration in accordance with
Rules of Domestic Commercial Arbitration of the Indian Council of
Arbitration ('ICA Rules ... arbitration under
Section 21 of the Arbitration and Conciliation Act, 1996 read with Rules of
Arbitration of the Indian Council of Arbitration'. The argument
said procedure only, the applicants
have themselves initiated arbitration by sending arbitration invocation
notice dated 05.02.2025 as per the provisions of Section ... been stipulated, though the
said agreement contains an arbitration clause. The applicants' arbitration
invocation notice as per the provisions of Section
