9911796707
|
Home
Issues: Application under Section 8(1) of the Arbitration and Conciliation Act, 1996 regarding the invocation of the arbitration clause in a case involving an admitted liability of Rs. 7.63 crores.
Analysis: 1. The suit for recovery was limited to the admitted liability of Rs. 7.63 crores, supported by documents such as a letter from the defendant acknowledging the shortfall and proposing a repayment schedule, minutes of a meeting confirming the admitted liability, and an affidavit by the defendant's Managing Director accepting the liability and repayment schedule. 2. The defendants invoked the arbitration clause in the dealership agreement, which stipulated that disputes regarding payments or breach of obligations should be referred to arbitration. However, the clause cannot be invoked when there is an admitted liability, as it implies no disputes or differences regarding the acknowledged liability. 3. The court emphasized that the existence of differences or disputes is crucial for invoking the arbitration clause. In this case, the defendant had clearly accepted the liability of Rs. 7.63 crores, making the arbitration clause inapplicable due to the absence of disputes concerning the acknowledged liability. 4. The documents presented left no doubt that the defendant not only acknowledged the liability but also committed to fulfilling it through installment payments. The court highlighted that the purpose of the Arbitration Act's Section 8 is to address disputes, and admitted liabilities fall outside the scope of disputes eligible for arbitration. 5. Consequently, the court dismissed the application under Section 8(1) of the Arbitration and Conciliation Act, 1996, as the arbitration clause was deemed inapplicable to the situation of admitted liability. The judgment concluded that arbitration clauses cannot be invoked in cases where liabilities are acknowledged without any disputes.
|
