D.K. GUPTA & ANR. Vs. RENU MUNJAL

JUDGEMENT

(1.) This petition is filed seeking termination of mandate of the learned arbitrator, on the plea the respondent is ineligible to act as an arbitrator, in terms of Schedule VII of the amended Arbitration and Conciliation Act , 1996 and as a sequitur, is also ineligible to even appoint/nominate an arbitrator in terms of the judgment of the Supreme Court in TRF Ltd. v. Energo Engineering Projects Ltd ., (2017) 8 SCC 377. It is urged since the ineligibility of the purported arbitrator is a de jure ineligibility which goes to the root of the appointment of the arbitrator, the instant petition has been filed as the arbitrator lacks the inherent jurisdiction to proceed any further. It is alleged the plea of inherent lack of jurisdiction can be raised at any stage, and even at the stage of execution.

(2.) The learned counsel for the petitioner has referred to the following paragraphs in TRF Ltd. (supra) to press his point :-

(3.) Learned counsel for the petitioner then referred to the agreement dated 2nd September, 2013 between the parties especially Clause 8.9.4 which is noted as under:- "8.9 Arbitration