The court appointed retired judge Sri Justice P.L.N. Sharma as an arbitrator, directing both parties to deposit Rs.15,000, allowing the arbitration application after the respondent failed to appear.
Appointment of Sri Justice P.L.N. Sharma as arbitrator; directed both parties to deposit Rs.15,000 each.
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HON'BLE SRI JUSTICE N.R.L. NAGESWARA RAO
ARBITRATION APPLICATION No.93 of 2012
ORDER:
Heard.
The respondent though served did not appear before the Court. Perused the record. The agreement provides for an arbitration under Clause 3 and evidently the suit was filed and the respondent has taken an objection questioning the jurisdiction of the Court, as there was an arbitration Clause and consequently the plaint was rejected. The arbitration proceedings are initiated.
As can be seen from the record, notices were also sent to the respondent for appointment of an arbitrator, but it was not done.
Therefore, in view of the above circumstances, as the dispute is covered by the arbitration Clause, Sri Justice P.L.N. Sharma, retired Judge of the High Court of Andhra Pradesh, is appointed as an arbitrator and he shall be paid fee etc., as per the Indian Arbitration Council Rules. Initially both the parties are directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each.
Accordingly, the Arbitration Application is allowed.
_________________________ N.R.L. NAGESWARA RAO, J
Dated: 08.04.2013 Ska/Ka
1 issue framed by the court
Whether to appoint an arbitrator when the respondent fails to appear and the dispute falls under an arbitration clause.
Applicant
Respondent
N.R.L. NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
