V K JAIN Vs. JAY ENGG WORKS LIMITED

JUDGEMENT

(1.) The short point which arises for consideration in this case is whether the respondent could unilaterally appoint a sole arbitrator after a delay of about one year beyond the date of petitioner suggesting the name of an arbitrator who was a retired judge of this Court.

(2.) In this case, FICCI had called upon the petitioner to forward the name of a sole arbitrator, and the petitioner in response thereto, on 21.6.2001, had named Mr. Justice M.K.Chawla (Retd. Judge) from amongst the names in FICCI's approved panel of arbitrators,

(3.) As such on the expiry of 30 days from 21.6.2001, Shri Justice M.K.Chawla (Retd.) became the agreed name. Alternatively, and in any case, thereafter it was only the Court which could appoint an arbitrator and not FICCI.