M/S GUINDY INDUSTRIAL ESTATE INFRASTRUCTURE UPGRADATION COMPANY GARMENT COMPLEX-II REP BY ITS CHIEF EXECUTIVE OFFICER Vs. M/S GURUMURTHY ENGINEERING ENTERPRISES CIVIL ENGINEERING CONTRACTORS & OTHERS

JUDGEMENT

(1.) THE petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, has been filed with the prayer to terminate the appointment of R3 as Arbitrator of the petitioner / company by the Indian Council of Arbitration.

(2.) THE parties had entered into an agreement on 22.12.2008. Clause 23 and 24 of the agreement reads as under:

(3.) THE petitioner challenged constitution of arbitration tribunal by contending that the arbitration tribunal has not been constituted in accordance with law, as third respondent has been wrongly appointed as Arbitrator on behalf of the petitioner, though the petitioner had nominated one Mr.N.C.Ramesh, Senior Advocate, to be Arbitrator, on their behalf. It was not open to the Indian Council of Arbitration, to appoint Arbitrator on its behalf.