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TMI Blog2017 (12) TMI 1318X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of a Corporate Resolution Process against the Respondent-Gamon India Limited. Learned Adjudicating Authority - (National Company Law Tribunal), Mumbai Bench, Mumbai by impugned order dated 19.07.2017 dismissed the application with the following observations: "6. Admittedly the Operational Creditor has initiated Arbitration proceedings on 5.1.2017 by issuing notice to the Corporate Debtor for referring the dispute to Arbitration under Section 21 of the Arbitration and Conciliation Act, 1996. Hence it is abundantly clear that before the issue of Demand Notice under Section 8(2) the Operational Creditor initiated arbitration proceedings. The only contention of the Operational Creditor in respect of initiation of arbitration proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o commence on the date on which a request for the dispute to be referred to arbitration is received by the Respondent. (b) Milkfood Ltd. v. GMC Icecream Pvt. Ltd. Reported in 2004 (7) SCC 288 - wherein it was held that service of notice for appointment of an Arbitrator would be relevant date for the purpose of commencement of arbitration proceedings. (c) H. Candolker & Sons, Civil Engineer and Contractors v. Union of India through Secretary, Government of India, Ministry of Communication and Ors. Reported in Manu/MH/1417/2009 wherein the Hon'ble Supreme Court has held that service of notice for appointment of an arbitrator would be relevant date for the purpose of commencement of Arbitration proceedings. 8. The Hon'ble National Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken such plea before the Adjudicating Authority.
While we are not inclined to interfere with the impugned order dated 19th July, 2017 passed by the Adjudicating Authority in view of the proper appreciation of law i.e. Section 21 of the Arbitration and Conciliation Act, 1996, as per which the Arbitration proceeding commence on the date request for the dispute to be referred to arbitration is received by the Respondent, we give liberty to the Appellant to move before appropriate forum, in respect to any agreement if there is no clause of agreement and arbitration proceeding has not commenced.
With the aforesaid observation the appeal stands disposed of. However, in the facts and circumstances, there shall be no orders as to cost. X X X X Extracts X X X X X X X X Extracts X X X X
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