KIDDE INDIA LTD Vs. BHARAT HEAVY ELECTRICALS LTD

JUDGEMENT

(1.) This is a petition filed under Section 11 of the Arbitration & Conciliation Act, 1996 (in short the Act) by which direction is sought of this court to appoint a sole arbitrator who should proceed to deal with the matter from the stage at which the arbitration proceedings had reached with the earlier arbitrator. The earlier arbitrator declined to continue with the arbitration proceedings, pursuant to the proceedings held on 21.11.2012, wherein he communicated his decision to that effect.

(2.) The respondent, however, resists the prayer made on the ground that under the terms of the arbitration agreement, which is incorporated in clause 31 of the General Conditions of the Contract (in short GCC) applicable qua the parties, fresh appointment has been made on 06.05.2013.

(3.) In order to adjudicate upon the present petition and the rival contentions, raised by the parties, the following brief facts, which are largely admitted, need to be noticed.