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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 ..... on 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. - Company Appeal (AT) (Insolvency) No. 168 of 2017 - - - Dated:- 10-11-2017 - Mr. S.J. Mukhopadhaya, Mr. A.I.S. Cheema And Mr. Balvinder Singh, JJ. For The Appellant : Shri Hareesh Shah and Shri Sanjay Ruia Chartered Accountant For The Respondents : Shri Rudraweshwar Pratap Singh, Shri Prashan Kumar, Mrs. Awantika Manohar and Aniruddh Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the IB Code, which provides that: dispute includes a suit or arbitration proceedings relating to:- ( a) The existence of the amount of debt; (b) The quality of goods or services; or (c) The breach of a representation or warranty: 7. The Operational Creditor Counsel argued that initiation of arbitration proceedings cannot be taken as arbitration proceedings filed since neither arbitrator was appointed nor any claim was filed before the Arbitrator. The Counsel for the Corporate Debtor cited many decisions in support of its claim that the arbitral proceedings in respect of a particular dispute commenced on the date on which a request for the dispute would be referred to arbitration is received by the Respondent. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 of the Arbitration and Conciliation Act, 1996. It is only after the rejection of the Application under Section 9 of the I B Code, the Respondents has now agreed for arbitration proceeding. It is further submitted that the Application under Section 9 of the I B Code was filed with regard to default pursuant to different agreements. In one of the agreements while there is a clause of arbitration, in the other agreement there is no such clause of arbitration and therefore in respect to the other agreement, advantage of Section 21 of the Arbitration and Conciliation Act, 1996 cannot be taken. However, we find that the aforesaid plea was not taken by the Appellant before the Adjudicating Authority. According to the Counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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