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07 June 2021 | Weiss Technik India Private Limited v. Bollupalli Madhavilatha | P Naveen Rao J | MANU/TL/0403/2021
In an application for the appointment of an arbitrator, the respondent asserted that serious allegations of fraud were involved and the matter was not arbitrable. The allegations arose from the terms of employment of the respondent. They related to abuse of authority vested in her as Head of Administration and Finance, siphoning monies, engaging in another business without intimation and consent of the employer, manipulating and forging expenses vouchers.
Following Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd, 2021 SCC OnLine SC 13 and others, the court held that the matter was arbitrable.
Access the judgement here.
Categories: Appointment of Arbitrators | Arbitrability | Arbitrability of Fraud | Forgery | Fraud | Nonarbitrability | Section 11 ACA | Vidya Drolia