This order allowed an arbitration application filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996, appointing four nominee officers as arbitrators with a directive to complete proceedings within four months.
Appointed four persons nominated by the respondent as arbitrators to complete proceedings within four months.
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HON'BLE SRI JUSTICE N.R.L. NAGESWARA RAO
ARBITRATION APPLICATION No. 50 of 2012
ORDER:
Heard both sides.
This Arbitration Application was filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) for appointment of an arbitrator on the ground that in spite of several appointments of an arbitrator and though the matter is pending for more than a decade, the arbitration proceedings could not be completed, that one or the other officers who is the part of the arbitral team has been transferred.
The counsel for the respondent has submitted names of four persons and out of them the counsel for the petitioner is agreeable for appointment of Mr. Arun Kumar and also Mr. R. Dhananjayulu, to be appointed as arbitrators. Since the respondent has suggested the names of other two persons Mr. Vijay Sharma and also Mr. S.P. Sahu, instead of wasting further time for constitution at the instance of the respondents all the four persons, who are nominees of the respondents viz., (1) Sri. Vijay Sharma (2) Sri S.P. Sahu (3) Sri Arun Kumar and (4) Sri R. Dhananjayulu, in the affidavit, shall be appointed as arbitrators and they shall complete the arbitration proceedings within a period of four months. If any one of them is transferred, they shall continue to dispose of the arbitral dispute and there is no need for appointment of any other arbitrator at the instance of either of the respondents or the petitioner on the ground that they have been transferred to any other station and they shall be paid fee etc., as fixed by them.
Accordingly, the Arbitration Application is allowed.
N.R.L. NAGESWARA RAO, J
Dated: 24.04.2013 KA
2 issues framed by the court
Whether to appoint arbitrators under Section 11(5) & (6) of the Arbitration and Conciliation Act when the respondent's nominated officers were transferred.
Whether arbitral proceedings should be completed within four months regarding four specified respondent nominees.
1 provisions across 1 enactments
PETITIONER
RESPONDENT
N.R.L. NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
