Tecpro Systems Limited vs Reliance Infrastructure Ltd on 22 July, 2026

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    Bombay High Court

    Tecpro Systems Limited vs Reliance Infrastructure Ltd on 22 July, 2026

                                                                CNR No : HCBM020009272024
    
    
    
    
               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION
    
         COMMERCIAL ARBITRATION APPLICATION NO.245 OF 2026
    
    
    Tecpro Systems Limited (In Liquidation)      .. Applicant
           Vs
    Reliance Infrastructure Limited              .. Respondent
    
    
    Mr. Akash Loya a/w Mr. Vishal N. Nevshe, Mr. Abhishek Bhaduri, for
    Applicant
    Mr. Tushad Kakalia a/w Mr. Kartik Hede i/by Mr. Shivshankar Prajapati for
    Respondent.
    
                                    CORAM : ARUN R. PEDNEKER, J.
                                    DATE   : 22nd July 2026.
    
    JUDGMENT :

    1. Heard the learned counsel for the parties.

    2. The present application has been filed under Section 11 of the

    SPONSORED

    Arbitration and Conciliation Act, 1996 (“A&C Act”), seeking the

    appointment of an Arbitrator in terms of the Purchase Order (the

    “Agreement”) dated 17th January 2018 executed between the parties. The

    Agreement contains an arbitration clause providing for reference of disputes

    to arbitration arising out of or in connection with the supply of goods under

    the agreement.

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    3. The relevant Clause 17 of the Purchase Order dated 17 th January 2018

    (Arbitration Agreement) is reproduced below for ease of reference:

    “17.0 Settlements of Disputes and Arbitration

    Any dispute or difference arising out of this Supply Contract
    shall be discussed between the Purchaser and Contractor.
    Both shall endeavor to reach an amicable settlement within a
    period of fifteen (15) days. If an agreement could not be
    reached within this period then the dispute shall be referred to
    arbitration under the Indian Arbitration and Conciliation Act,
    1996
    , as may be amended from time to time. The venue of
    arbitration shall be Mumbai.

    The award shall be a reasoned award and shall be final and
    binding on both the parties and shall not be subjected to
    appeal. Subject arbitration, the Courts at Mumbai shall have
    exclusive jurisdiction over all matters arising under this
    Purchase Order. During pendency of arbitration, the parties
    shall continue to perform respective obligation under this
    Supply Contract.”

    4. It is stated that the Applicant Company is under liquidation and the

    Liquidator of the Applicant-Company issued a notice dated 10 th March 2022

    to the Respondent invoking arbitration clause under Section 21 of the

    Arbitration and Conciliation Act, 1996.

    5. The invocation notice dated 10th March 2022 was not replied to by the

    Respondent. In these circumstances, the present application is filed under

    Section 11 of the Arbitration and Conciliation Act, 1996, seeking the

    appointment of an Arbitrator.

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    6. The Respondent opposes the arbitration application and submits that,

    the Hon’ble National Company Law Tribunal (“NCLT”), New Delhi, passed

    an order dtd. 16th January 2020 directing liquidation of the Applicant and

    appointed a Liquidator to administer the liquidation proceedings.

    7. On 10th March 2022, the Applicant, through the Liquidator, issued a

    notice under Section 21 of the Arbitration and Conciliation Act, 1996,

    invoking arbitration against the Respondent. Thereafter, on 23rd December

    2022, the Hon’ble National Company Law Tribunal (“NCLT”) granted post

    facto approval under Section 33(5) of the Insolvency and Bankruptcy Code,

    2016 (“IBC”) for the initiation of arbitration proceedings against the

    Respondent. Subsequently, the present application under Section 11 of the

    Arbitration and Conciliation Act, 1996 was filed on 10th January 2024.

    8. Learned Counsel, Mr. Tushad Kakalia, appearing for the Respondent

    submits that, upon the passing of a liquidation order, no legal proceedings

    can be instituted by or on behalf of the Corporate Debtor in liquidation

    except by the Liquidator with the prior approval of the National Company

    Law Tribunal (“NCLT”), as mandated by the proviso to Section 33(5) of the

    Insolvency and Bankruptcy Code, 2016 (“IBC”). It is contended that the

    requirement of obtaining prior approval is mandatory and not merely

    directory.

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    9. It is further submitted that arbitral proceedings commence upon the

    issuance of a notice invoking arbitration under Section 21 of the Arbitration

    and Conciliation Act, 1996 (“A&C Act”). In the present case, the Liquidator

    issued the notice invoking arbitration on 10th March 2022, whereas the

    approval of the NCLT was obtained only on 23 rd December 2022.

    Consequently, the notice invoking arbitration was issued without the

    requisite prior approval and was therefore incompetent and void ab initio.

    As a result, no valid arbitral proceedings ever came into existence.

    Accordingly, the mandatory precondition for maintaining an application

    under Section 11 of the A&C Act has not been satisfied, and the present

    application is liable to be rejected.

    10. It is respectfully submitted that the Liquidator failed to obtain the

    prior approval of the Adjudicating Authority, as mandated under Section

    33(5) of the Insolvency and Bankruptcy Code, before issuing the notice

    under Section 21 of the Arbitration Act. Consequently, the initiation of

    arbitral proceedings by the Liquidator, without such prior approval, is

    unauthorized, incompetent, and contrary to the statutory mandate. Any

    approval obtained subsequently cannot cure this fundamental defect or be

    construed as compliance with Section 33(5). Accordingly, the proceedings

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    initiated pursuant to such notice are without jurisdiction and are liable to be

    declared void.

    11 It is submitted that where a statute expressly mandates prior approval

    for the performance of a particular act, such a requirement cannot be

    validated by obtaining post facto approval. In support of this proposition,

    reliance is placed on the judgments of the Hon’ble Supreme Court in Bajaj

    Hindustan Limited v. State of Uttar Pradesh & Ors 1. and Union of India v.

    Vinod Kumar2. It is, therefore, contended by the learned counsel that, in the

    absence of a valid notice under Section 21 of the Arbitration and

    Conciliation Act, 1996, the present application under Section 11 of the said

    Act is not maintainable. Accordingly, the learned counsel prays for dismissal

    of the application.

    12. In response to the objection raised by the learned counsel appearing

    for the Respondent, the learned counsel, Mr. Akash Loya, appearing for the

    Applicant submits that a proper construction of Section 33(5) would indicate

    that a notice issued under Section 21 would be deemed to remain ineffective

    until the requisite approval is granted. It is further submitted that the

    proceedings would be deemed to have been instituted only on the date on

    which such approval is granted.

    1 (2016) 12 SCC 613
    2 (1996) 10 SCC 78
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    13. It is submitted that the proceedings initiated without obtaining the

    prior approval of the Hon’ble NCLT are merely ineffective and do not attain

    legal efficacy. Such proceedings shall become effective and shall be deemed

    to have been instituted only from the date on which the requisite

    leave/approval is granted by the Hon’ble Tribunal. The aforesaid distinction

    is further fortified by the provisions of Section 28 of the Insolvency and

    Bankruptcy Code, 2016, wherein any action undertaken by the Resolution

    Professional without the prior approval of the Committee of Creditors, as

    mandated under the said provision, is rendered null and void under Section

    28(4).

    14. The learned counsel places reliance upon the following judgments in

    support of the aforesaid submissions:

    1. Erach Boman Khavar V. Tukaram Shridhar Bhat & Anr.3

    2. Slimline Realty Pvt,. Ltd. Vs. Mr. Jigar Bhatt4.

    15 Learned Counsel for the Applicant submits that approval under

    Section 33(5) of the Insolvency and Bankruptcy Code, 2016 was granted by

    the Hon’ble NCLT on 23rd December 2022. Accordingly, the notice issued

    under Section 21 ought to be deemed to have been issued on the date of

    grant of such approval, i.e., on 23rd December 2022. Consequently, the
    3 (2013) 15 SCC 655
    4 (2024) SCC OnLine NCLAT 6895 (Co. Appeal (AT) (Insolvency) No.690 of 2024
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    application under Section 11 would be maintainable. It is further submitted

    that the interpretation and construction of Section 33(5) of the IBC must be

    aligned with the underlying object and purpose of the liquidation process,

    namely, the maximisation of the liquidation value of the corporate debtor.

    Such maximisation can be achieved only by enabling the liquidator to pursue

    and realise recoveries arising out of the claims and receivables of the

    company under liquidation.

    16. Having considered the rival submissions, the issues that arise for

    consideration are : (i) Whether proviso to Section 33(5) of the IBC is

    mandatory i.e. prior approval of the Adjudicating Authority is mandatory to

    institute any legal proceedings on behalf of the corporate debtor? (ii) If prior

    approval is mandatory, what is the effect of post facto approval by the

    Adjudicating Authority on proceedings already instituted without approval

    of the Authority?

    17. The relevant Sections of the I.B. Code and the Arbitration Act are

    noted below.

    “28. Approval of committee of creditors for certain actions.

    –(1) Notwithstanding anything contained in any other law
    for the time being in force, the resolution professional,
    during the corporate insolvency resolution process, shall not
    take any of the following actions without the prior approval
    of the committee of creditors namely:–

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    (a) raise any interim finance in excess of the amount as may
    be decided by the committee of creditors in their meeting;

    (b) create any security interest over the assets of the
    corporate debtor;

    (c) change the capital structure of the corporate debtor,
    including by way of issuance of additional securities,
    creating a new class of securities or buying back or
    redemption of issued securities in case the corporate debtor
    is a company;

    (d) record any change in the ownership interest of the
    corporate debtor;

    (e) give instructions to financial institutions maintaining
    accounts of the corporate debtor for a debit transaction from
    any such accounts in excess of the amount as may be decided
    by the committee of creditors in their meeting;

    (f) undertake any related party transaction

    (g) amend any constitutional documents of the corporate
    debtor;

    (h) delegate its authority to any other person;

    (i) dispose of or permit the disposal of shares of any
    shareholder of the corporate debtor or their nominees to third
    parties;

    (j) make any change in the management of the corporate
    debtor or its subsidiary;

    (k) transfer rights or financial debts or operational debts
    under material contracts otherwise than in the ordinary
    course of business;

    (l) make changes in the appointment or terms of contract of
    such personnel as specified by the committee of creditors; or

    (m) make changes in the appointment or terms of contract of
    statutory auditors or internal auditors of the corporate debtor.
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    (2) The resolution professional shall convene a meeting of
    the committee of creditors and seek the vote of the creditors
    prior to taking any of the actions under sub-section (1).

    (3) No action under sub-section (1) shall be approved by the
    committee of creditors unless approved by a vote of 1[sixty-
    six] per cent. of the voting shares.

    (4) Where any action under sub-section (1) is taken by the
    resolution professional without seeking the approval of the
    committee of creditors in the manner as required in this
    section, such action shall be void.

    (5) The committee of creditors may report the actions of the
    resolution professional under sub-section (4) to the Board for
    taking necessary actions against him under this Code..

    33. Initiation of liquidation.–(1) Where the Adjudicating
    Authority,–

    (a) before the expiry of the insolvency resolution process
    period or the maximum period permitted for completion of
    the corporate insolvency resolution process under section 12
    or the fast track corporate insolvency resolution process
    under section 56, as the case may be, does not receive a
    resolution plan under sub-section (6) of section 30; or

    (b) rejects the resolution plan under section 31 for the non-
    compliance of the requirements specified therein, it shall–

    (i) pass an order requiring the corporate debtor to be
    liquidated in the manner as laid down in this
    Chapter;

    (ii) issue a public announcement stating that the corporate
    debtor is in liquidation; and (iii) require such order to be sent
    to the authority with which the corporate debtor is registered.

    (5) Subject to section 52, when a liquidation order has
    been passed, no suit or other legal proceeding shall be
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    instituted by or against the corporate debtor:

    Provided that a suit or other legal proceeding may be
    instituted by the liquidator, on behalf of the corporate debtor,
    with the prior approval of the Adjudicating Authority..”

    “21. Commencement of arbitral proceedings.–Unless
    otherwise agreed by the parties, the arbitral proceedings in
    respect of a particular dispute commence on the date on
    which a request for that dispute to be referred to arbitration is
    received by the respondent.”

    18. A perusal of the proviso to Section 33(5) indicates that the provision

    employs the expression “prior approval.” Admittedly, in the present case, no

    prior approval was obtained before issuance of the notice. Therefore, the

    issue that arises for consideration is whether the notice issued without

    obtaining prior approval is rendered void ab initio, or ineffective and, what

    would be the legal consequence of the grant of post facto approval under

    Section 33(5) of the I.B. Act for initiation of the legal proceedings.

    19. In the case of Erach Boman Vs. Tukaram Bhat (supra), the Hon’ble

    Supreme Court while considering the expression “leave of the Court” in

    paragraph nos. 19, 20, 21 and 22 has observed as follows :

    “19. Reflecting on the said provision, this Court in Central
    Bank of India v. Elmot Engg. Co.11
    has ruled that it aims at
    safeguarding the assets of a company in winding up against
    wasteful or expensive litigation as far as matters which
    could be expeditiously and cheaply decided by the Company
    Court are concerned. In granting leave under the said
    provision, the court always takes into consideration whether
    the company is likely to be exposed to unnecessary litigation
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    and cost.

    20. In Ammonia Supplies Corpn. (P) Ltd. V. Containers
    (P) Ltd.
    12, while dealing with power under Section 446(1)
    of the 1956 Act, it has been observed that in the said sub-
    section the words used would indicate that the discretion to
    exercise such power is with the Company Court.

    21. In State of J&K v. UCO Bank, while interpreting
    Section 446(1) of the 1956 Act, the Court opined that a suit
    cannot be instituted once a winding-up order is passed
    except by leave of the court.
    The two- Judge Bench referred
    to the earlier decision rendered in Bansidhar Shankarlal v.
    Mohd. Ibrahim14
    , wherein the leave had been obtained at
    the time of filing of the suit and the question was whether
    fresh leave ought to be obtained before proceeding under
    Section 446(1) of the 1956 Act before institution of
    execution proceedings. The Court considered the contrary
    views expressed by different High Courts on the effect and
    purport of Section 446(1) of the 1956 Act and came to the
    conclusion that the view that failure to obtain leave prior to
    institution of suit would not debar the court from granting
    such leave subsequently and that the only consequence of
    the same would be that the proceedings would be regarded
    as having been instituted on the date on which the leave was
    obtained from the High Court.

    22. We have referred to the aforesaid decisions solely for
    two purposes. First, grant of leave of the court is not a
    condition precedent for initiation of a civil action or the
    legal proceedings. It is because the section does not
    expressly provide for annulment of a proceeding that is
    undertaken without the leave of the court. There can be no
    shadow of doubt that leave of the winding-up court can be
    obtained even after initiation of the proceeding. Second, the
    seminal object behind engrafting of the said provision is to
    see that the interest of the company is safeguarded so that it
    does not face deprivation of its right and claims are
    adjudicated without the knowledge of the Company Court
    and further the court has a discretion to see whether leave
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    should be granted and, if so, with what conditions or no
    condition. That apart, the court may grant leave if it felt that
    the company should not enter into unnecessary litigation and
    incur avoidable expenditure.”

    20. From the aforesaid observations of the Supreme Court, it is apparent

    that, although prior leave of the Court is not obtained, the Court has held that

    such leave is not a condition precedent for initiating civil proceedings. The

    leave of the Court may, therefore, be obtained subsequently, even after the

    institution of the suit proceedings.

    21. In the case of Bajaj Hindustan Limited Vs. State of Uttar Pradesh

    (supra), the Supreme Court at paragraph nos. 6 and 7 has held as under :

    “6. From the aforesaid facts, what emerges is that there is
    no evasion of any tax. The claim of the appellant that it had
    paid the tax at the time of removal of the bags from the
    godown is not disputed by the assessing authority. In fact,
    as mentioned above, while granting ex post facto approval,
    the assessing authority had satisfied itself about the due
    payment of the entire tax at the time of removal of the bags
    and that there was no evasion of tax. In these
    circumstances, we have to consider as to whether ex post
    facto approval amount to sufficient compliance with the
    proviso to sub-section (1) of Section 3-A of the Act. The
    issue is no more res integra and has been authoritatively
    determined by a series of judgments of this Court. It would
    be sufficient to refer to the judgment in Ashok Kumar Das
    v. University of Burdwan²
    . The discussion contained in
    paras 10 to 12 and 15 of the said judgment squarely applies
    to the present case and therefore, we reproduce the same:

    (SCC pp. 619-20)

    “10. The learned counsel for Respondents 1 to 3,
    on the other hand, submitted that Section 21(xiii)
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    used the expression “approval of the State
    Government” and not “prior approval of the State
    Government” and it has been held by this Court in
    U.P. Avas Evam Vikas Parishad v. Friends Coop.

    Housing Society Ltd.3 and High Court of
    Judicature of Rajasthan v. P.P. Singh that when an
    approval is required, an action holds good and
    only if it is disapproved it loses its force. He
    further submitted that promotions made on the
    basis of Resolution of the Executive Council of
    the University adopted on 26-6-1995, therefore,
    hold good and now that the State Government has
    approved the Resolution of the Executive Council
    of the University adopted on 26-6-1995 by Order
    dated 10-10-2002, the promotions made on the
    basis of the Resolution dated 26-6-1995 of the
    Executive Council of the University hold good
    and cannot be set aside by this Court.

    11. In Black’s Law Dictionary (5th Edn.), the word
    “approval” has been explained thus:

    ‘Approval. The act of confirming, ratifying,
    assenting, sanctioning, or consenting to some act
    or thing done by another.

    Hence, approval to an act or decision can also be
    subsequent to the act or decision.

    12. In U.P. Avas Evam Vikas Parishad³, this Court
    made the distinction between permission, prior
    approval and approval. Para 6 of the judgment is
    quoted hereinbelow: (SCC pp. 458-59)

    ‘6. This Court in LIC v. Escorts Ltd.5, considering
    the distinction between “special permission” and
    “general permission”, “previous approval” or
    “prior approval” in para 63 held that: (SCC p.

    313).

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    “63. we are conscious that the word “prior” or
    “previous” may be implied if the contextual
    situation or the object and design of the legislation
    demands it, we find no such compelling
    circumstances justifying reading any such
    implication into Section 29(1) [of the Act]”.

    Ordinarily, the difference between approval and permission
    is that in the first case the action holds good until it is
    disapproved, while in the other case it does not become
    effective until permission is obtained. But permission
    subsequently granted may validate the previous Act. As to
    the word “approval” in Section 32(2)(b) of the Industrial
    Disputes Act, it was stated in Lord Krishna Textile Mills v.
    Workmen
    , that the Management need not obtain the
    previous consent before taking any action. The requirement
    that the Management must obtain approval was
    distinguished from the requirement that it must obtain
    permission, of which mention is made in Section 33(1).

    15. The words used in Section 21(xiii) are not “with the
    permission of the State Government” nor “with the prior
    approval of the State Government”, but “with the approval
    of the State Government”. If the words used were “with the
    permission of the State Government”, then without the
    permission of the State Government the Executive Council
    of the University could not determine the terms and
    conditions of service of the non-teaching staff. Similarly, if
    the words used were “with the prior approval of the State
    Government”, the Executive Council of the University
    could not determine the terms and conditions of service of
    the non-teaching b staff without first obtaining the approval
    of the State Government. But since the words used are
    “with the approval of the State Government”, the Executive
    Council of the University could determine the terms and
    conditions of service of the non-teaching staff and obtain
    the approval of the State Government subsequently and in
    case the State Government did not grant approval
    subsequently, any action taken on the basis of the decision
    of the Executive Council of the University would be invalid
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    and not otherwise.”

    7. As is clear from the above, the dictionary meaning of
    the word “approval” includes ratifying of the action,
    ratification obviously can be given ex post facto approval.
    Another aspect which is highlighted is a difference between
    approval and permission by the assessing authority that in
    the case of approval, the action holds until it is disapproved
    while in other case until permission is obtained. In the
    instant case, the action was approved by the assessing
    authority. The Court also pointed out that if in those cases
    where prior approval is required, expression “prior” has to
    be in the particular provision. In the proviso to sub-section
    (1) of Section 3-A word “prior” is conspicuous. For all
    these reasons, it was not a case for levying any penalty
    upon the appellant. We, therefore, allow this appeal and set
    aside the impugned judgment¹ of the High Court as well as
    the penalty. No order as to costs. Civil Appeal No. 1468 of
    2006.”.

    22. From the aforesaid judgments of the Hon’ble Supreme Court in Erach

    Boman and Bajaj Hindustan (supra), it is apparent that where the word

    “prior” is used in the statutory provision, the approval contemplated therein

    must be obtained before the proposed action is undertaken. Consequently,

    where the statute requires prior approval for initiating legal proceedings on

    behalf of the corporate debtor, such approval must necessarily precede the

    institution of those proceedings.

    23. It is evident from the proviso to Section 33(5) that prior permission of

    the N.C.L.T. is mandatory before the Liquidator initiates any legal

    proceedings on behalf of the corporate debtor. The word ‘prior’ shows that

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    the approval has to be prior in point of time before initiating the

    proceedings. A notice issued for invocation of arbitration under Section 21

    of the Arbitration and Conciliation Act, 1996 constitutes the commencement

    of arbitral proceedings. In the present case, it is an admitted position that the

    notice under Section 21 was issued without obtaining prior permission from

    the N.C.L.T. The record further indicates that such permission was

    subsequently granted before the filing of the application under Section 11 of

    the Arbitration and Conciliation Act, 1996.

    24. The next issue that arises for consideration is the consequence on the

    legal proceedings instituted without obtaining prior permission of the

    Adjudicating Authority.

    25. The question is whether the proceedings should be entirely set aside,

    thereby relegating the parties to initiate the process afresh, or whether the

    invocation should be treated as ineffective until the requisite permission is

    obtained.

    26. Sections 28 of the IBC provides that where the Resolution

    Professional takes any action during the corporate insolvency resolution

    process without the prior approval of the Committee of Creditors, whenever

    such approval is required, the actions undertaken without such approval

    would be void under Section 28(4) of the IBC. However, Section 33 does not

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    expressly provide for any such consequence in respect of legal proceedings

    initiated by the Liquidator without the prior permission of the Adjudicating

    Authority.

    27. This Court is, therefore, of the view that while prior permission under

    Section 33(5) is mandatory, the absence of such prior permission before the

    initiation of the legal proceedings, does not render the proceedings void ab

    initio. Instead, the commencement of such proceedings remains ineffective

    until the date on which the required permission is granted by the

    Adjudicating Authority.

    28. Accordingly, in the present case, the notice issued for invocation of

    arbitration under Section 21 of the Arbitration and Conciliation Act would

    become effective only from the date on which permission under Section

    33(5) is obtained. Any further steps in the proceedings can be taken only

    thereafter. Relegating the parties to issue a fresh notice would not serve the

    purpose of the proviso to Section 33(5), as it may also create issues relating

    to limitation on account of the time lost during the intervening period. A

    purposive interpretation of Section 33(5) requires that proceedings initiated

    without prior permission remain ineffective for all purposes until such

    permission is obtained, and that the proceedings shall be treated as having

    commenced from the date of grant of permission.

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    29. Therefore, if any further steps have already been taken pursuant to the

    notice under Section 21, those steps would also have to be undertaken

    afresh. The effective date of the Section 21 notice shall be the date on which

    the requisite permission is granted, and all subsequent procedural

    requirements shall follow from that date. This interpretation neither causes

    violence to the statutory provision nor amounts to rewriting the legislation. It

    merely postpones the effective date of invocation until the mandatory

    permission under Section 33(5) is obtained. In the present case, the notice

    issued under Section 21 of the Arbitration and Conciliation Act, 1996, would

    be deemed effective from 23rd December 2022. The present application has

    been filed on 10th January 2024. Accordingly, there is no legal impediment

    in allowing the present application.

    30. Accordingly, this Court process to appoint an Arbitrator and pass

    following Order :

    ORDER

    (A) Mr. Nitin Jamdar, Former Chief Justice of Kerala High Court, is

    appointed as the sole Arbitrator to adjudicate upon the disputes and

    differences between the parties arising out of and in connection with the

    Agreement referred to above. The contact details of the Arbitrator are as

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    under :-

           Mobile No. :       9819829319
           Email ID :         [email protected]
    
    (B)    A copy of this order be communicated to the learned sole Arbitrator by
    
    

    the Advocates for the Applicant within a period of 1 week from the date of

    uploading of this order. The Applicant shall provide the contact and

    communication particulars of the parties to the Arbitral Tribunal along with a

    copy of this order.

    (C) Seat and venue of the arbitration would be governed by the provisions

    of the agreement executed between the parties.

    (D) Learned sole Arbitrator is requested to forward the statutory Statement

    of Disclosure under Section 11(8) read with Section 12(1) of the Act to the

    Advocates for the Applicant so as to enable them to file the same in the

    Registry of this Court. The Registry of this Court shall retain the said

    Statement on the file of this Application and a copy of the same shall be

    furnished by the Advocates for the Applicant to the Respondent.

    (E) The parties shall appear before the learned sole Arbitrator on such date

    and at such place as indicated by him, to obtain appropriate direction with

    regard to conduct of the arbitration including fixing a schedule for pleadings,

    examination of witnesses, if any, schedule of hearings etc. At such meeting,

    the parties shall provide a valid and functional email address along with
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    mobile and landline numbers, if any, of the respective Advocates of the

    parties to the Arbitral Tribunal. Communications to such email addresses

    shall constitute valid service of correspondence in connection with the

    arbitration.

    (F) All arbitral costs and fees of the Arbitral Tribunal shall be borne by

    the parties equally in the first instance and shall be subject to any final

    Award that may be passed by the Tribunal in relation to costs.

    31. All contentions of the parties are expressly kept open to be raised

    before the Arbitrator.

    32. With the above directions, Arbitration Application stands disposed of

    accordingly.

    (ARUN R. PEDNEKER, J.)

    20/20
    2 CARAP 245.2026.doc Dusane

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