9911796707
TMI Blog2015 (12) TMI 913X X X X Extracts X X X X X X X X Extracts X X X X ..... e arbitration clause contained in the said MOU dated 17th July, 2013, the dispute is liable to be referred to arbitration by appointment of an arbitrator under Section 11(6) of the Arbitration Act. The grounds on which the respondent No.1 seeks to resist the appointment of an arbitrator, namely, that the period contemplated under the MOU dated 4th July, 2013 (one month) within which payment was to be made to the respondent No.1 by the respondent No.2 is over; that clause 12 and clause 19 of the MOU dated 4th July, 2013 had been materially altered by changing the period of payment from one month to three months; and further that the power of attorney was forged by the respondent No.2 are questions that cannot be gone into by the court in exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13 was entered into between the respondent No.1 and the respondent No.2 incorporating the terms for the sale of the Helicopter. The petitioner states that on 17th July, 2013 a MOU was executed between the petitioner and the respondent No.1 represented by its power of attorney i.e. respondent No.2 for sale of the Helicopter in question. The price was agreed upon and an advance amount of ₹ 5,00,000/- (Five Lakhs only) was paid by the petitioner to the respondent No. 1. 3. The petitioner has contended that it was agreed by and between the parties in the MOU dated 17th July, 2013 that the sale of the Helicopter would be completed within two months. The respondents failed to handover possession of the Helicopter within the aforesaid per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d terminated. It was stated that the respondent No.2 had failed to make such payment and, therefore, the MOU between the respondents dated 4th July, 2013 had become non-est in law. The respondent No.1 has further contended that it is not bound by the MOU dated 17th July, 2013 as it was not a party to the same. It is the further contention of the respondent No.1 that the power of attorney was forged by the respondent No.2 and also that the MOU dated 4th July, 2013 between the respondents has been materially altered in respect of clause 12 and clause 19 thereof altering the periods specified in the said clauses from one month to three months. 5. I have heard the learned counsels for the parties and I have considered the submissions advance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of payment from one month to three months; and further that the power of attorney was forged by the respondent No.2 are questions that cannot be gone into by the court in exercise of jurisdiction under Section 11(6) of the Arbitration Act. These are matters which can be raised before the learned Arbitrator and answered by the said authority. In this regard, Section 16 of the Arbitration Act may be extracted below. 16. Competence of arbitral tribunal to rule on its jurisdiction.- (1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose,- (a) an arbitration clause which forms part of a contract s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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