SUBHA GOPALAKRISHNAN Vs. KARISMAA FOUNDATIONS

JUDGEMENT

(1.) The petitioner instituted O.P.No.711 of 2017 seeking to appoint a Sole Arbitrator to decide the dispute between the petitioner and respondent in accordance with Clause 29 of the Joint Development Agreement dated 15.03.2015.

(2.) The background facts of the case would run infra :

(3.) This petition is also opposed by the respondent contending that the Arbitrator was already appointed and it is not the case of the petitioner that she was not called upon by the respondent to appoint an Arbitrator and the same was done within a period of 30 days. As pointed out earlier, Clause 29.2 stipulates that the Arbitrator should be appointed by the respondent. Therefore, the respondent contended that when the Arbitrator has already been appointed, the petition filed under Section 11(6) of the A & C Act is not maintainable.