Arbitration and Conciliation Act, 1996
Section 11(6)—Appointment of arbitrator—Parties have entered into a Facilities Service Agreement and Catering Service Agreement—Proceeding under Section 9 of IBC which is initiated by the respondent is pending before the NCLT—Mere filing of such petition does not bar initiation of proceeding under Section 11(5) of the 1996 Act—No statutory provision has been brought to the notice of the court which bars a party from initiating the proceeding under Section 11 of the Act—No order has been passed in the proceeding under Section 9 of the IBC and therefore, till such time the proceeding under Section 11(6) of the 1996 Act cannot be said to be not maintainable—Dispute admittedly has arisen between the parties, which requires adjudication in the manner agreed to by the parties—Sole arbitrator appointed to adjudicate the dispute between the parties—Applications allowed.
[Para 11 to 13]
Section 21—Commencement of arbitral proceedings—Contention that in absence of any amount mentioned in the notice under Section 21 of the Arbitration and Conciliation Act, there is no claim against respondent and the same cannot be referred for adjudication to arbitrator—Misconceived.
[Para 10]