SYED BASHEER AHMED Vs. CHOLAMANDALAM INVESTMENTS

JUDGEMENT

(1.) There are two petitioners and two respondents in the instant 'Original Petition' ('OP' for brevity). Instant OP has been filed under Section 34 of 'The Arbitration and Conciliation Act, 1996' ('A & C Act' for brevity) assailing an 'arbitral award dated 04.06.2018' ('impugned award') made by an 'Arbitral Tribunal' ('AT' for brevity) constituted by a sole Arbitrator. To be noted, sole Arbitrator, who constituted the AT, has been arrayed as Respondent No.2 in instant OP.

(2.) Before proceeding further, it is necessary to make it clear that in A & C Act, with regard to recourse against an arbitral award, a legal proceeding for setting aside an arbitral award has been referred to as 'application' in Section 34 of A & C Act. However, such a legal proceeding assailing arbitral awards under A & C Act are being given the nomenclature 'Original Petition' in this Registry and therefore, I am referring to the instant proceedings as 'OP' for the sake of convenience and clarity.

(3.) Before this Court embarks upon the exercise of dealing with the instant OP on merits, it is deemed appropriate and pertinent to write that it was not necessary to array the sole Arbitrator, who constituted the AT, as one of the respondents in the instant OP. This is owing to the nature of the grounds that have been raised. Be that as it may, as the main OP itself is being heard out and is being disposed of, this Court is not embarking upon the exercise of directing deletion of Respondent No.2 as that will cause procedural delay.