9911796707
TMI Blog2015 (9) TMI 866X X X X Extracts X X X X X X X X Extracts X X X X ..... arbitrator by mutual consent and only on failure thereof the present application under Section 11(6) of the Act could/should have been filed. The above recourse is required to be followed by virtue of the provisions of Section 15(2) of the Act and the decision of this Court in Yashwith Constructions (P) Ltd. [2006 (7) TMI 579 - SUPREME COURT]. Admittedly, the same had not been followed. In these circumstances, the Court will understand the present application/arbitration petition to be premature. It is accordingly not entertained leaving it open for the petitioner to act appropriately, if so advised, in terms of the present order and thereafter seek its remedies as provided by law. - Arbitration Case (Civil) No. 27 of 2015 - - - Dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... response was received to the aforesaid notice, the petitioner by letter dated 29th December, 2014 appointed Shri Justice S.K. Dubey which appointment was accepted. Thereafter the respondent raised a dispute with regard to the reference to the arbitration and rejected the appointment of Shri Justice S.K. Dubey as the sole Arbitrator. In these facts the learned sole Arbitrator Shri Justice S.K. Dubey by order dated 21st January, 2015 recused himself from the proceedings. It is in the aforesaid circumstances that the present application/arbitration petition has been filed under Section 11(6) of the Act for appointment of a sole Arbitrator. 2. A counter affidavit has been filed on behalf of the respondent wherein it has been, inter alia, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng in Section 15(2) of the Act will have to be understood with reference to the provisions for appointment contained in the Supply Contract. 5. Clause 22.3 of the Supply Contract which deals with the matter may be extracted at this stage: 22.3 All disputes, controversies or claims arising out of or in connection with or in relation to this Contract of its negotiation, performance, breach, existence or validity, whether contractual or tortuous, shall be referred to arbitration in accordance with the Indian Conciliation and Arbitration Act, 1996 and conducted by a single arbitrator to be appointed by the Parties by mutual consent. The cost of arbitration shall be shared by the Parties. The place of the arbitration shall be India and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
