Capt. Ishtiyaq Ahmad v. M/S Spring Garden Thru. Partner Mr. Ashutosh Khare and Anr.
Case brief
What is this about?
Arbitration; Section 11(6) Arbitration and Conciliation Act 1996; appointment of arbitrator refused as premature; mandatory pre-arbitration amicable settlement / 15-day notice requirement under Clause 10.1 of Consortium Agreement dated 06.05.2023; Allahabad High Court Lucknow Bench; Capt. Ishtiyaq Ahmad v. M/S Spring Garden (Ashutosh Khare); application dismissed with liberty to attempt settlement and re-seek appointment.
What did the court decide?
No efforts towards amicable settlement, as stipulated in Clause 10.1 of the Consortium Agreement, have been made by the parties. ¶11