ORISSA OIL INDUSTRIES LIMITED Vs. TRIBAL COOPERATIVE MARKETING DEVELOPMENT FEDERATION OF INDIA LIMITED TRIFED

JUDGEMENT

(1.) . An order of passed by respondent No. 1 herein, i.e., TRIFED dated 23.01.2002 appointing respondent No. 3 herein as the sole arbitrator is the subject matter of this writ petition. The said order reads thus :-

(2.) . The contention raised in this writ petition is that having regard to the fact that respondent No. 1 had moved this Court for appointment of an arbitrator under Section 8 of the Arbitration and Conciliation Act, 1996 ( hereinafter referred to as 'the Act' ) wherein this Court by an order dated 25.01.2001 in A.A. No. 165/2000 appointed Shri N.L. Kakkar, a retired District Judge, to resolve the disputes and differences between the parties and as according to the petitioner, there does not exist any other dispute, the impugned order is liable to be set aside.

(3.) . It has further been contended that the agreements entered into by the parties being dated 15.05.1994, 01.05.1995 and 01.05.1996 are already the subject matter of arbitration proceedings, which are at an advanced stage and thus there cannot be any reason nor there can be any justification for appointment of another arbitrator. Such appointment of an arbitrator, according to the petitioner, is not only mala fide, but contemptuous to the order dated 25.01.2001 passed by this Court in A.A. No. 165/2000.