MANISH ANAND Vs. FIITJEE LTD

JUDGEMENT

(1.) These petitions under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') have been filed by the petitioner challenging the appointment of the Arbitrator by the respondent unilaterally.

(2.) The Arbitration Agreement between the parties is contained in Clause 21(a) of the "Supplementary Rules for the Employees of Fiitjee", which is reproduced herein under:-

(3.) It is the contention of the petitioner that the Arbitration Agreement, so far as it vests power in the respondent to unilaterally appoint a Sole Arbitrator for adjudicating the disputes between the parties is unenforceable and in valid. I have already rejected the said contention in judgment pronounced today in OMP (T) (COMM) 101/2017 Bhayana Builders Pvt. Ltd. vs. Oriental Structural Engineers Pvt. Ltd. and for the reasons recorded therein I am unable to agree with the submissions made by the petitioner.