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2008 (7) TMI 943

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..... silent for about nine years, i.e. arbitrator was appointed in 1997 and appellant approached learned Single Judge in 2006. No explanation has been offered for silence since the last letter dated 22.12.2000 till the date of filing of the petition. This is a clear case of laches on the part of the appellant.Appeal dismissed. - FAO(OS) No. 37/2008 - - - Dated:- 9-7-2008 - Veena Birbal and Manmohan Sarin, JJ. JUDGMENT 1. The appellant, by the present appeal has assailed order dated 6.4.2007 of the learned Single Judge by which petition of the appellant under Sections 11(6) and 14(1) of the Arbitration and Conciliation Act, 1996 for appointment of independent sole arbitrator has been dismissed. The appellant has further prayed that an .....

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..... e claims. However, vide letter dated 4.8.1997, the respondents referred only three claims and accordingly appellant represented vide letter dated 5.11.1997 referring other claims for arbitration. Reminder was sent on 5.11.1997 and 20.12.2000. But no action was taken by respondent. No statement of claim was filed by the appellant before the arbitrator and the appellant filed arbitration application on the Original Side of this Court for appointment of an independent sole Arbitrator and for adjudication of all its claims to the tune of Rs. 21,20,000 with interest @ 18% p.a. The petition was filed on 11.12.2006 and was dismissed by the learned Single Judge on the ground that the respondent was justified in not referring some of the claims rais .....

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..... s on the part of Arbitrators in not commencing the proceedings and the appellant were not at fault in not filing the statement of claim. The appellants had already raised their claims vide letter dated 22.12.1996. It was argued that the claims 4 and 5 were not outside the scope of arbitration clause and the respondent could not have refused to refer these claims for arbitration. It is further urged that the Presiding Arbitrator, Sh. R. K. Kardam had been appointed by the respondent of their own and not by the Arbitrators and the same was not in conformity with the terms of the agreement. 6. We have perused the records of the case and correspondence between the petitioner and the respondent. Five claims raised by the appellant as is ap .....

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..... raised their claims vide letter dated 22.12.1996 but perusal of the same shows that the letter was addressed to the respondent for invoking the arbitration clause and thereafter no formal statement of claim was filed by the appellant before the arbitrators till the time application was made before the Single Judge. The arbitrators were under no obligation to proceed with arbitration in the absence of the statement of claim or at least an intimation to them that the claim before the government was to be treated as the statement of claim. It is apparent that the appellant did not file any statement of claim before the Arbitral Tribunal and they cannot be allowed to take benefit of their own wrong. 9. The Courts, while dealing with arbitra .....

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