2022 (1) TMI 155

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Rastogi, J. 1. Leave granted. 2. The instant appeal has been filed assailing the order dated 26th July, 2019 declining to appoint an Arbitrator in exercise of its power under Section 11(6) of the Arbitration and Conciliation Act, 1996(hereinafter being referred to as "the Act"). 3. The seminal facts not in dispute are that the tender of the appellant was accepted and the same was communicated by letter dated 30th November, 2006 in reference to which a contract agreement was executed between the parties containing clauses 63 and 64 of the general conditions of contract containing the clause of arbitration for settlement of claims and/or disputes between the parties. Since there were claims which could not be settled, the appella....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....1 of 2009 seeking an order restraining the respondents from appointing an Arbitrator and that application too remained pending and no action was taken up by the appellant to pursue either the Arbitration Petition No. 61 of 2009 or the Miscellaneous Case No. 4 of 2010 before the High Court. 8. In the meanwhile, by letter dated 28th August 2010, two officers from the panel suggested by the respondents were selected by the appellant and in furtherance thereto, the respondents constituted an Arbitration Tribunal by letter dated 24th September, 2010. The appellant thereafter appeared before the Arbitral Tribunal on 25th October, 2010 and preferred statement of claim. The respondents also submitted their statement of defence on 15th November, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... is indeed well settled by this Court in Datar Switchgears Ltd. Vs. Tata Finance Ltd. & Anr. 2000(8) SCC 151  followed in Punj Lloyd Ltd. Vs. Petronet MHB Ltd. 2006(2) SCC 638  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. 13. This Court cannot be oblivi....