This is a Misc. Civil Application under Section 11(6) of the Arbitration and Conciliation Act, 1996, for the appointment of an arbitrator due to an arbitration clause in an agreement dated 30/08/2019 between M/s. Sunflag Iron & Steel Co. Ltd. (applicant) and M/s. J. Poonamchand & Sons (respondent). The respondent opposed the application, arguing that since they had approached the NCLT under the Insolvency and Bankruptcy Code (IB Code), the provisions of Section 11(6) of the Arbitration and Conciliation Act would be inapplicable. The applicant contended that the mere initiation of insolvency proceedings does not prevent the court from entertaining the application for appointment of an arbitrator.
M/s. Sunflag Iron & Steel Co. Ltd. filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator due to an arbitration clause in an agreement dated 30/08/2019 with M/s. J. Poonamchand & Sons. The respondent, M/s. J. Poonamchand & Sons, opposed the application, arguing that they had initiated proceedings under the Insolvency and Bankruptcy Code (IB Code) before the NCLT. The respondent contended that Section 11(6) of the Arbitration and Conciliation Act would be inapplicable due to the overriding effect of the IB Code under Section 238. The applicant argued that the mere initiation of insolvency proceedings does not prevent the court from appointing an arbitrator. The respondent also claimed
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This is a Misc. Civil Application under Section 11(6) of the Arbitration and Conciliation Act, 1996, for the appointment of an arbitrator due to an arbitration clause in an agreement dated 30/08/2019 between M/s. Sunflag Iron & Steel Co. Ltd. (applicant) and M/s. J. Poonamchand & Sons (respondent). The respondent opposed the application, arguing that since they had approached the NCLT under the Insolvency and Bankruptcy Code (IB Code), the provisions of Section 11(6) of the Arbitration and Conciliation Act would be inapplicable. The applicant contended that the mere initiation of insolvency proceedings does not prevent the court from entertaining the application for appointment of an arbitrator.
M/s. Sunflag Iron & Steel Co. Ltd. filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator due to an arbitration clause in an agreement dated 30/08/2019 with M/s. J. Poonamchand & Sons. The respondent, M/s. J. Poonamchand & Sons, opposed the application, arguing that they had initiated proceedings under the Insolvency and Bankruptcy Code (IB Code) before the NCLT. The respondent contended that Section 11(6) of the Arbitration and Conciliation Act would be inapplicable due to the overriding effect of the IB Code under Section 238. The applicant argued that the mere initiation of insolvency proceedings does not prevent the court from appointing an arbitrator. The respondent also claimed
…Date of the agreement…
Applicant sends an…