2002 (9) TMI 767

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....etitioner is challenging order dated 5-4-2002 passed by the designated 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 aw....

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....g that they could not decide the matter/issue in the absence of 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 D....

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.... He also urged that the authority was incompetent to replace 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 t....