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TMI Blog2023 (12) TMI 1373X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 11 of the Arbitration and Conciliation Act, 1996? - HELD THAT:- Reliance is placed on the decision of the Apex Court in the case of Magic Eye Developers Private Limited vs. Green Edge Infrastructure Private Limited and others, [ 2023 (5) TMI 510 - SUPREME COURT ], where it was held that ' When the claim is disputed, it is the arbitrator who may competently decide the claim. Arbitrability ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and Co (8426) for the Respondent(s) No. 1 ORDER 1. Repeated assertion to challenge the appointment of Arbitrator on the part of the respondent Insurance Company is that the claim of the petitioner is stale and after consent letter was signed by the petitioner on 24.12.2018, he could not have turned around to raise any dispute. The submission is that the question as to whether the dispute is arbi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e dispute is also to be decided by the arbitrator. While exercising the powers under section 8 of the Arbitration and Conciliation Act, 1996, such questions cannot be gone into by this Court and when there is an arbitration clause, the aspects are to be decided by the arbitrator for such purpose. 3. For the aforesaid, this Court does not find any reason to reconsider the contention of the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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