ALTOS INDIA LIMITED Vs. GOYAL GASES LIMITED

JUDGEMENT

(1.) By an agreement dated 18th March 1991, respondent No.1 had given on lease to the petitioner certain equipments/computers. Disputes having arisen between the parties under the agreement, a reference was made by respondent No.1 to one Sh.P.C-Jain vide letter dated 13th August, 1993. The petitioner challenged the validity of the appointment of Sh.P.C-Jain and also challenged the validity of the reference on the ground of the same being unilateral and arbitrary.

(2.) However, as the arbitrator was continuing with the reference, the petitioner filed the present petition under Section 5 read with Section 2 (c) of the Arbitration Act for revocation of the authority of the appointed arbitrator and for superceding the reference.

(3.) One of the objections taken in the petition was that the agreement was vague and uncertain about the identity of the alleged arbitrators mentioned in the agreement. If was stated that the arbitration agreement only mentioned the name of one Sh.P.C.Jain and one Sh.S.D.Aggarwal without disclosing any further particulars of the said two persons. It was, therefore, stated that respondent No.1 could not be given the power to pick and choose any person by the name of Sh.P.C.Jain and Sh.S.D.Aggarwal and the petitioner could not be forced to accept the alleged persons as the arbitrators.