GENERAL MANAGER Vs. OBEROI THERMIT PVT LTD

JUDGEMENT

(1.) SINCE despite service of notice none has appeared for respondent No. 1, I have no other option but to proceed further with the final disposal of the present case.

(2.) I may mention that the present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "act, 1996") challenging the Award dated 11th April, 2009 passed by respondent no. 2.

(3.) LEARNED counsel for the petitioner has sought to challenge the said award on the ground that the constitution of the Arbitral Tribunal was not in accordance with the agreement executed between the parties. In this context, he relied upon clause 64 (3) (a) (ii) of the General Conditions of the contract (in short "gcc" ). Said clause reads as under: