LAWS(DLH)-2023-2-82

ELECON ENGINEERING COMPANY LIMITED Vs. INDURE PRIVATE LIMITED

Decided On February 22, 2023
ELECON ENGINEERING COMPANY LIMITED Appellant
V/S
INDURE PRIVATE LIMITED Respondents

JUDGEMENT

(1.) O.M.P. (T) (COMM.) 7/2019 : The petitioner has filed the petition under Sec. 14 read with Sec. 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "A & C Act, 1996 ") seeking termination of mandate of the learned Sole Arbitrator.

(2.) The petitioner has also filed O.M.P. (COMM.) 236/2019 to challenge the Arbitral Award dtd. 6/5/2019 which has already been pronounced, wherein the appointment and jurisdiction of the Arbitrator forms one of the ground of challenge to the Award. The controversy in regard to the appointment of Arbitrator and alleged wrongful assumption of jurisdiction shall be considered in the petition under Sec. 34 of the A and C Act, 1996.

(3.) The petition is accordingly disposed of.