9911796707
TMI Blog2002 (9) TMI 767X X X X Extracts X X X X X X X X Extracts X X X X ..... gnated authority in AA No. 141/2001 appointing third Arbitrator in the matter. 2. Petitioner and R-2 entered into an agreement/contract containing the Arbitration clause on 25-5-1989. Disputes arose between them which were referred to two Arbitrators under the old Arbitration Act, 1940. The Arbitrators failed to come out with an award and later appointed Justice R.N. Sahai (Retd.) as umpire su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... third arbitrator. The two arbitrators then explored the appointment of a third Arbitrator on 15-5-2001 and expressed their inability to do so and required parties to seek his appointment by filing an application under section 11(4) of the New Act. Pursuant thereto R-2 filed requisite application culminating in appointment of Justice Dr. A.S. Anand (Retd.) as third Arbitrator. 3. Petitioner is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce the already appointed umpire by the new Arbitrator in exercise of arbitration powers under section 11(4) of the New Act. 4. There is no dispute with the proposition that where an unconditional appointment of umpire was made it was valid even without obtaining consent of that umpire as so held by the Supreme Court judgment ( supra ) in the factual matrix of that case. But that would not be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, even if it was assumed that the designated authority had proceeded on alleged wrong premise of Justice Mishra s absence of consent, the fact remained that his appointment as umpire had not fructified or crystallised at any stage to bar any further appointment of the third arbitrator. The question of terminating his mandate or replacing him in exercise of administrative power under section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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