M/S Sri Harsha Constructions, Hyd v. Union Of India, Secbad And 3 Others

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN ARBITRATION APPLICATION No.122 OF 2017 ORDER:

This is an application for appointment of an Arbitrator seeking requisite measure under Sub-Sections (5) and (6) of Section 11 of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 (for short 'Act').

2. Hearing the learned counsel for the applicant and the learned counsel for the respondent, it is seen that objections have been raised by the applicant herein as to the competence of the arbitral tribunal to continue with the arbitral proceedings having regard to the provisions of the Act, as they now stand. That is a matter on which, the arbitrators or the arbitral tribunal are required, in terms of law, to give their ruling atleast in the form of an interim award. Without prejudice to that, this Arbitration Application is closed. No order as to costs.

As a sequel thereto, Miscellaneous Applications, if any, pending in this Arbitration Application stand closed.

______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ November 30, 2018.

PV