Internship Aug - Sept Report Ananya
Internship Aug - Sept Report Ananya
Internship Aug - Sept Report Ananya
ON
COMMERCIAL ARBITRATION CASES
SUBMITTED BY:
ANANYA KAPILA
AMITY UNIVERSITY, NOIDA
BBA.LLB (H)
SEMESTER 5
SUBMITTED TO:
DR. SHIVA SHARMA
DISTRICT & SESSIONS JUDGE (RETD)
ARBITRATOR FOR AND ON BEHALF OF HMSEFC
GURGAON, HARYANA
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TABLE OF CONTENTS
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INTRODUCTION
In this internship, I joined live video conferences and observed proceedings of six
different cases of commercial arbitration. These six cases were –
For every hearing of each case, I made notes on the matters which were being
discusses by the parties present i.e., the Claimants and the Respondents. Below is a
compiled report of every case I had observed.
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A.
PLATOON SECURITIES V/S VATIKA HOTELS
The Claimant has paid the arbitration fee and has filed and shared a scanned copy of
the Claim Statement with the Respondent. The Respondent has not paid its share of
arbitration fee and has been asked to do so within the next 10 days.
The Respondents asked the Mediator to stop the Claimant from filing any other
litigations. If the Court finds this appropriate, it will pass the order being asked by
the Respondents.
The matter has been adjourned to the next date i.e., 14.09.2021 at 2:00pm as the
learned counsel for the Respondent has asked time for filing written statement and
Vakalatnama, when asked by the arbitrator.
The Respondent has not paid its share of arbitration fee and has not filed written
statement.
The meeting has been adjourned to 17.09.2021 at 2:00pm as the Respondent asked
for an extension to pay the fee and file written statement.
The Respondent has filed the written statement and deposited the arbitration fee. The
Claimants have not filed the rejoinder and have been given time till 23.09.2021 at
2:00pm to do the same.
The matter has been adjourned to 29.09.2021 so that both parties come up with
evidence by the way of affidavits and supporting documents.
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B.
ACCOMPLISH TRADES V/S ELA FOODS
Both parties have been asked to pay their share of arbitration fee.
The Claimants are asked to send a proper reply as they appealed that only 13 out of
48 pages of the document was sent to them by the Respondents, hence, they could
not send a reply.
The Claimants are asked to file a rejoinder as it has still not been filed.
The Respondents raised an issue regarding the jurisdiction of the Court, that this
court does not have the proper jurisdiction to bind a decision on them. Further, they
raised it as a preliminary issue and prayed to deal with that before further
proceedings of the case takes place.
The Respondent has still not paid its share of arbitration fee and also has not sent a
hard copy of its written statement. A Last Opportunity has been granted to the
Respondent to do the above by the next hearing on 21.09.2021 at 2:30pm.
The Claimant has sought time for filing the rejoinder due to some personal problem
in the family of the MD of the Claimant.
Both parties are directed to submit their Authority Letters/Vakalatnama by the next
hearing i.e., 21.09.2021 at 2:30pm.
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C.
CREATIVE LOOMS V/S CULTFIT HEALTHCARE
An agreement has occurred amongst the parties and they have settled the dispute
amicably on their own outside the arbitration proceedings after the first hearing. The
parties mutually agreed that the fees should be decided by the mediator.
The case has been adjourned to the next date i.e., 09.09.2021 in which the parties
have to pay their shares of the arbitration fee.
Both the parties have paid their shares of the arbitration fee and have prayed for
dismissal of this arbitration case as withdrawn.
The case has been disposed under Section 32(2)(a) of the Arbitration and
Conciliation Act, 1996.
D.
IBIZZA FOOD V/S MANPASAND BEVERAGES
The Respondent was absent for the meeting a second time even after sending a
notice. The Claimant has sought time for sending the claim application to the
Respondent and to pay the arbitration fee.
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E.
7 ROAD LEARNING V/S ZEPHYR SKILLS
Both the parties have been asked to deposit their shares of the arbitration fee before
the next hearing.
The Claimant has not sent the claim application to the Respondent and were asked
to file their reply to the tribunal by speed post and also share a copy of the same with
the Respondent by way of email. They have been granted two days to do the same.
F.
BAWAL INDANE V/S ASHOKA ENTERPRISES
The Court has not put a stay on the proceedings of this arbitration case; therefore,
both parties have been asked to pay their arbitration fee.
The Respondent has sought adjournment beyond 24th September. The respondent
has also shared a copy of the given by the High Court in CWP No. 18630 of 2021.
The Court has also ordered that the decision of this arbitration case would be decided
based on the result of the aforementioned CWP.