LAWS(BOM)-2010-11-131

VOLTAS LIMITED Vs. ROLTA INDIA LIMITED

Decided On November 19, 2010
VOLTAS LIMITED Appellant
V/S
Rolta India Limited Respondents

JUDGEMENT

(1.) This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of a sole arbitrator to adjudicate the disputes and differences that have arisen between the parties relating to an agreement dated 8th January 2003.

(2.) According to the Applicant, the Respondent had failed to act as required and its Chairman and Managing Director (CMD) had failed to perform the function entrusted to him, under the procedure agreed upon between the parties. The failure was to appoint an arbitrator as per the procedure prescribed by the arbitration agreement between the parties. According to the Applicant, the Respondent and its CMD had failed to appoint an arbitrator within 30 days of the Applicant's requesting them to do so and prior to the above application being filed. It was contended that the Respondent had, therefore, forfeited its right to appoint an arbitrator.

(3.) For the purpose of this application, it is necessary only to refer to the facts pertaining to the alleged appointment of the arbitrator by the Respondent.