2024 (2) TMI 1009

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....208760 dated 10.01.2019 to adjudicate upon the disputes between the parties arising out of Contract No. 6208760 dated 10.01.2019 and/or; ii. Pass any such order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case." 3. It is the case of the petitioner- Oil India Ltd. that pertaining to certain alleged dispute, the respondent-claimant had issued a notice dated 27.09.2022 for referring the matter to arbitration in accordance with the clause pertaining to such procedure to be adopted in case of any dispute arising between the parties. It has also been stated in the said notice that since the claim exceeds Rs. 5 crores, a nominee was appointed by the claimant. It is pointed out that....

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.... the matter. 5. The learned counsel has also referred to Clause 15.0 which is with regard to settlement of dispute and arbitration. Clause 15(5) of the Contract which reads as follows: "If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the concerned party/arbitrators to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left if both parties consent for the same; otherwise, he shall proceed de novo." 6. After hearing the learned counsel for the petitioner, this Court had put a specific query as to whether a petition under Secti....