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2024 (11) TMI 1075

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..... HSCC (India) Ltd [ 2019 (11) TMI 1154 - SUPREME COURT] , TRF Limited v. Energo Engineering Projects Ltd, [ 2017 (7) TMI 1288 - SUPREME COURT] , Bharat Broadband Network Limited v. United Telecoms Limited., [ 2019 (4) TMI 983 - SUPREME COURT] and Interplay between Arbitration Agreements under the Arbitration Conciliation Act, 1996 the Indian Stamp Act, 1899, In SBI General Insurance Co. Ltd. v. Krish Spinning [ 2024 (9) TMI 606 - SUPREME COURT] . In the circumstances, since there is no controversy as regards the existence of the arbitration agreement, there is no impediment to appointing a sole arbitrator to adjudicate the disputes between the parties - Ms. Prity Sharma, Advocate (Mob. No. +91 9911028589) is appointed as the Sole Arbitrator .....

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..... . The costs and expenses of the arbitration shall be borne equally by each Party, with each Party paying for its own fees and costs including attorney fees, except as may be determined by the arbitration tribunal. Any award by the arbitration tribunal shall be final and binding. 3. The disputes between the parties have arisen on account of alleged non-payment by the respondent of its monetary dues/instalments under the Agreement. On 25.06.2024, the petitioner sent a notice under Section 21 of the A C Act for invoking arbitration. No response thereto was submitted by the respondent. 4. Learned counsel for the respondent does not dispute the existence of the arbitration agreement, however, it is pointed out that both the respondents (borrower .....

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..... es between the parties. 9. Accordingly, Ms. Prity Sharma, Advocate (Mob. No. +91 9911028589) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. 10. The respondent shall be at liberty to raise appropriate objections as regards jurisdiction/arbitrability, if any, before the learned sole arbitrator and for this purpose, move an application under Section 16 of the A C Act, which shall be duly considered and decided by the learned sole arbitrator in accordance with law. 11. It is agreed by the parties that the arbitration shall be conducted under the aegis and rules of Delhi International Arbitration Centre (DIAC), and the payment of arbitrator's fees and arbitration cost, shall also be governed by the said r .....

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