Ashraf Ahmed Majal v. Action Construction Equipment Limited
Case brief
What is this about?
Section 14(2) Arbitration and Conciliation Act 1996 petition challenging arbitrator's termination of mandate dated November 16, 2018; arbitrator appointed July 4, 2014; claim not pursued; Section 15(2) application filed February 20, 2020 and withdrawn July 17, 2023; recall application rejected August 30, 2023; Mecwel Construction GE Power Systems (Delhi HC) cited; remedy lies under Section 11 by invoking subsisting arbitration agreement; petition disposed as misconceived; Bombay High Court OOCJ; Somasekhar Sundaresan J.; ARBP 346 of 2025.
What did the court decide?
Even if the Mecwel Constructions contention were accepted that the proceedings had not come to a concluded termination for want of adjudication or award, the Petitioner's contention ought to be that the arbitration agreement subsists, and he would need to invoke the subsisting arbitration agreement and file an application under Section 11 of the Act.