2000 (12) TMI 819 - SC - Companies Law

Who is to act as arbitrator for adjudication of the disputes raised by the parties in the case? Whether it is the former Additional Chief Engineer appointed by the Court or the former Executive Engineer as suggested by Tilam Sangh? Held that - Appeal dismissed. The order of the High Court confirming the appointment of arbitrator by the lower court warrants no interference in exercise of the jurisdiction under article 136 of the Constitution

Summary

Issues:
1. Appointment of arbitrator in compliance with court orders.
2. Dispute over the choice of arbitrator between parties.
3. Jurisdiction of the High Court in confirming arbitrator's appointment.

Analysis:
1. The appeals involved parties with common questions arising from the same set of facts. The cases were disposed of by the High Court of Rajasthan through a common judgment. The appeals challenged the High Court's judgment in various proceedings related to the appointment of an arbitrator under the Arbitration Act, 1940.

2. The disputes revolved around the appointment of an arbitrator as per the agreement between the parties. The High Court dismissed one appeal and confirmed the appointment of an arbitrator by the lower court in compliance with its order. The question arose regarding the eligibility of the appointed arbitrator and a suggestion for a retired High Court Judge as an alternative.

3. The High Court's decision to confirm the appointment of the arbitrator by the lower court was upheld by the Supreme Court. The Court considered the nature of the controversy and the parties' submissions. Despite suggestions for alternative arbitrators, the Court found no grounds for interference under Article 136 of the Constitution and dismissed the civil appeals without costs. The appointed arbitrator had already begun the reference, which was halted due to an interim order by the Supreme Court.

This detailed analysis covers the issues of the appointment of an arbitrator, the dispute over the choice of arbitrator, and the jurisdiction of the High Court in confirming the arbitrator's appointment, as addressed in the Supreme Court judgment.