Arbitration and Conciliation Act, 1996
Section 11(6)—Appointment of arbitrator by High Court—Appeal—Aspects with regard to “accord and satisfaction” of the claims can be considered by the court at the stage of deciding application under Section 11(6) of the Arbitration and Conciliation Act—Matters related to the “notified claims” shall have to be left to be decided by the Arbitral Tribunal as the aspect of “accord and satisfaction” and “notified claims” both are inter-connected and inter-linked—Dispute whether the claim is a “notified claim” or not is specifically excluded from the scope, purview and ambit of the arbitration agreement—Once such a dispute falls within the “excepted matters”, any decision by the General Manager on the issue of notified claims cannot be the subject matter of arbitration proceedings—Impugned order set aside—Appeal allowed.
[Paras 10.1, 13, 13.1, 13.4 & 13.5]