A. THARSEES Vs. A. AROKIASAMY

JUDGEMENT

(1.) This Civil Revision Petition is filed seeking to strike off the proceedings before the Sole Arbitrator-Shri Pappaiah Dharmarajan at Chennai in A.C.P. (PARTNERSHIP) No. 101 of 2014. Heard Mr. P. Valliappan, learned Counsel appearing for the Petitioner and Mr. S. Rajendrakumar, learned Counsel appearing for the Respondent.

(2.) By consent of both parties, the main Civil Revision Petition itself is taken up for final disposal.

(3.) The proceedings before the Sole Arbitrator is sought to be struck off by the Petitioner only on the reason that the appointment of the said Arbitrator was not in accordance with Section 11(5) of the Arbitration and Conciliation Act, 1996 (in short "Act"), since there was no agreement between the parties with regard to the procedure for such appointment of the Sole Arbitrator. In other words, the Petitioner is willing to submit himself before the Arbitration proceedings, only when such appointment of the Arbitrator is made in accordance with Section 11(5) of the Act and not as done by the Respondent, unilaterally.