Sns Engineering Pvt Ltd v. C&C Construction Ltd




    
  Arbitration Case No. 140 of 2017 Date of Decision: 26.05.2017 Sns Engineering Pvt. Ltd.

.....Petitioner versus C&C Constructions Ltd.

.....Respondent

CORAM:

HON'BLE MR.JUSTICE S.J.VAZIFDAR, CHIEF JUSTICE Present :

Mr. Vijay Gupta, Advocate, for the petitioner. **** S.J.VAZIFDAR, CHIEF JUSTICE (ORAL) The parties had entered into an agreement. Clause 15.3 contains an arbitration agreement which reads as under:> "
  

                !     " !     # $%%& 
''( "&   )       

 ! $ $#$ The respondent had appointed an arbitrator. The arbitrator has commenced the proceedings. The petitioner alleges bias against the arbitrator and also alleges that the arbitrator is not qualified to hear this dispute which is of technical nature. These issues do not fall within the purview of section 11 of the Arbitration and Conciliation Act, 1996. The petitioner must adopt appropriate proceedings for the removal of the Ravinder Sharma 2017.05.26 16:45 I attest to the accuracy and authenticity of this document

 

    [2] arbitrator or for termination of his mandate for any other appropriate relief in appropriate proceedings. The petitioner is always at liberty to adopt appropriate proceedings.

It is not even possible for me to grant interim reliefs as I find that I have no jurisdiction to exercise the powers under section 11 to deal with the directions passed by the arbitrator. The petitioner can in any event must make an application for grant of time before the learned arbitrator himself.

The petition is accordingly dismissed.

26.05.2017   
  ravinder 
  
   Whether speaking/reasoned √Yes/No Whether reportable Yes/No
Ravinder Sharma 2017.05.26 16:45 I attest to the accuracy and authenticity of this document