under Section 11 of the Arbitration and Conciliation Act,
when there is evidence to show that the arbitration invocation notice
dated 29.12.2022 was received ... petition
under Section 11 of the Arbitration and Conciliation Act, 1996. The
petitioner categorically contends that the arbitration invocation notice
dated 29.12.2022 was duly received
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
contract on
22.08.2013 itself, the initiation of arbitration by the petitioner by its
arbitration invocation notice dated 09.11.2016 is barred by limitation. She
would also ... petitioner to the respondents. The arbitration clause was
invoked by the petitioner only through its arbitration invocation notice
dated 09.11.2016, which is beyond the period
agreements
disclose the Chennai address of the applicant. The Arbitration Invocation
Notice dated 04.02.2023 was also sent by the applicant disclosing its
Andhra Pradesh address ... into with the respondent. Excepting for certain
communications sent after the Arbitration Invocation Notice dated
04.02.2023, which discloses the Chennai Address of the applicant
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
issues have been mainly raised by the
petitioner, which necessitated the invocation of Arbitration clause
wherein, the very first issue, according to the petitioner ... between the parties, whether the petitioner has got any right for
invocation of Arbitration clause, itself is questionable. Such an
invocation of Arbitration clause therefore
relating to
the arbitration proceedings thereunder.”
7. The petitioner has invoked arbitration in accordance with the
arbitration clause contained in the Substitution Agreement by issuing ... Therefore, she
would submit that since the petitioner has invoked arbitration through the
arbitration invocation notice dated 16.02.2023, to comply with the
requirements of Section
protection, either during the pendency of the arbitration proceedings or pending invocation of arbitration. But, during the pendency of these applications for interim reliefs, awards ... that the dispute between the parties is arbitrable and that the invocation of arbitration was well founded.
MERITS:
62. Having rejected all the grounds
