9911796707
TMI Blog2009 (9) TMI 908X X X X Extracts X X X X X X X X Extracts X X X X ..... of Sole Independent Arbitrator for adjudication of disputes between the parties. 2. Brief facts are that the petitioner was rendering security services to the respondent and was providing security guards. One of the conditions of the agreement for providing security guards was that in case of any theft taking place in the respondent company, the value of the stolen goods shall be recovered from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clause only Director of the company would be appointed as Arbitrator. The petitioner called upon respondent to concur in the appointment of an independent Arbitrator viz. some retired Government Official or retired Sr. Defence Official within 15 days. The arbitration clause as agreed between the parties reads as under: 13. That the dispute, if any, arising between the parties shall be referred t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor undertakings while entering into contracts, to provide for settlement of disputes by arbitration, and further provide that the Arbitrator would be one of its senior officers. If the party, with open eyes and full knowledge and comprehension of the said provision enters into a contract with a government/statutory corporation/PSU containing an arbitration agreement providing that one of its Secr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Arbitrator different from the one given in the arbitration clause cannot be accepted. The petitioner therefore has to raise dispute before the Arbitrator named in the arbitration clause. The petition is disposed of with the liberty to the petitioner of raising dispute before the named Arbitrator.
With these directions, the petition stands disposed of. X X X X Extracts X X X X X X X X Extracts X X X X
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