SURYADEEP ENGINEERING PVT. LTD. Vs. NM CONSTRUCTION

JUDGEMENT

(1.) The validity of an award passed by an arbitrator appointed unilaterally by the party invoking arbitration under an arbitration agreement that does not envisage unilateral appointment, is under challenge in this Petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 ("the Act"). For the reasons recorded below, I hold that such Award deserves to be set aside, being a product of a process that is a patent contravention of the Act, and its finely nuanced scheme.

(2.) The factual matrix for adjudication of this petition may be summarized as follows:

(3.) Mr. Akash Menon, Learned Counsel for the Petitioner submits that the fact that the appointment was unilateral is adequate to set aside the Impugned Award.