CABCOM CABLES LIMITED Vs. SBI GLOBAL FACTORS LIMITED

JUDGEMENT

(1.) By this petition filed under section 34 of the Arbitration & Conciliation Act, 1996 (for short "the Arbitration Act"), the petitioners have impugned the arbitral award dated 14th January, 2019 passed by the learned arbitrator allowing the claims made by the respondent (original claimant).

(2.) Learned counsel appearing for the petitioners made the following submissions :

(3.) Mr.Mehta, learned counsel appearing for the respondent submits that that the first arbitrator was appointed by the respondent by addressing a letter through an advocate instructed by the respondent and this appointment made by the respondent was valid and in accordance with the arbitration clause. He invited my attention to a letter addressed by the first arbitrator resigning in the matter. He submits that the respondent appointed the second arbitrator. The respondent made various frivolous allegations against both the arbitrators. He submits that the award is rendered after giving full opportunities to both the parties and thus the findings rendered being not perverse and cannot be interfered with by this Court in this petition filed under section 34 of the Arbitration Act. He distinguished the judgments relied upon by the petitioners on the ground that arbitral proceedings in this case had commenced prior to 23rd October, 2015.