IACM SMART LEARN LTD Vs. KANWAL SINGH SOLANKI

JUDGEMENT

(1.) There is no appearance on behalf of the petitioner.

(2.) I have heard Mr. Vichitra Kumar, learned Counsel for the respondent.

(3.) As is noted in the order dated 25th February, 2021, the appointment of Mr. Ram Bhagat Singh, presently functioning as Sole Arbitrator arbitrating on the disputes between the parties was in the teeth of Clause 10 of the lease deed dated 9th August, 2019, between the parties, which required the arbitrator to be appointed by both parties. Unilateral appointment of the arbitrator was, therefore, clearly impermissible. Accordingly, Mr. Ram Bhagat Singh is rendered de jure incapable of continuing to function as the Arbitrator within the meaning of Section 14(1) of the Arbitration and Conciliation Act, 1996.