9911796707
TMI Blog2022 (1) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... LLOYD LTD. VERSUS PETRONET MHB LTD. [ 2005 (4) TMI 612 - SUPREME COURT] that once an application under Section 11(6) of the Act has been filed for appointment of an Arbitrator before the High Court, the respondents forfeited their right to appoint an Arbitrator and the High Court alone holds jurisdiction to appoint an Arbitrator in exercise of power under Section 11(6) of the Act. Indisputedly, the appointment of an Arbitrator was made by the respondents after arbitration petition was filed by the appellant under Section 11(6) of the Act in the Registry of the High Court on 23rd October, 2009. This Court cannot be oblivious of the peculiar facts and circumstances brought to our notice that after filing of an arbitration petition on 23rd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r under the clause of arbitration thereafter but from the narration of facts which has been noticed by us, we are of the view that no error was committed by the High Court in dismissing the petition filed under Section 11(6) of the Act for appointment of an Arbitrator. Appeal dismissed. - CIVIL APPEAL NO(S).54 OF 2022 (Arising out of SLP(Civil) No(s). 28682 of 2019) - - - Dated:- 4-1-2022 - AJAY RASTOGI And ABHAY S. OKA , JJ. For the Appellant : Mr. Gaurav Agrawal, AOR Mr. Abhikalp Pratap Singh, Adv. Ms. Bhavya Tyagi, Adv. Ms. Aadya Yadav, Adv. Mr. Himanshu Tripathi, Adv. For the Respondent : Mr. Jayant K Sud, Ld ASG. Ms. Archana Pathak Dave, Adv. Ms. Priyanka Das, Adv. Ms. Shantanu Sharma, Adv. Mr. Rohit Pandey Adv. Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e dated 3rd August 2009, Arbitration Petition(ARBP No. 61 of 2009) came to be filed on 23rd October, 2009 in the High Court of Orissa for appointment of an Arbitrator under Section 11(6) of the Act. 5. It reveals from the record that just after filing of the arbitration petition, the appellant has completely forgotten of taking action in furtherance thereto and it was never in notice of the respondents of such petition being filed since no notice was served at any stage. 6. In the meanwhile, the respondents vide letter dated 28th January, 2010, in response to the letter of the appellant dated 3rd August, 2009 asked the appellant to select two names from a panel of four persons. 7. It is alleged that immediately thereafter, on 17th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the arbitration proceedings and since the appellant failed to participate despite the opportunity being afforded, exparte award came to be passed on 21st June, 2013 rejecting the claim of the appellant. The fact is that finally in the arbitration petition filed by the appellant, notices were issued to the respondents by the High Court in the year 2016, almost 3 years after passing of the exparte award dated 21st June, 2013. The High Court, taking note of such peculiar facts and circumstances, dismissed the arbitration petition by an Order dated 26th July, 2019 with liberty to the appellant to submit its objections under Section 34 or 37 of the Act, if so advised. 11. We have heard learned counsel for the parties and with their assista ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal was constituted by the respondents vide letter dated 24th September, 2010 and the appellant thereafter appeared before the Arbitral Tribunal on 25th October, 2010 and submitted his statement of claim and in furtherance, statement of defence was submitted by the respondents. 14. The fact still remains that except the letter being once sent by the appellant on 27th December, 2011 informing of the arbitration petition being filed under Section 11(6) of the Act before the High Court, no steps were taken thereafter to pursue his arbitration application and since the appellant had not participated before the Arbitral Tribunal after filing of the statement of claim, exparte award came to be passed by the Arbitral Tribunal on 21st June, 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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