AKC STEEL INDUSTRIES LTD Vs. VISAKHAPATNAM PORT TRUST

JUDGEMENT

(1.) Heard Mr. P. Prabhakar Rao, learned counsel representing Mr. Ch. Ramesh Babu - learned counsel for the applicant and also Mr. S. Yogesh, learned counsel representing Mr. P. Sriram - learned counsel for the respondent.

(2.) By this application under Sec. 11(5) & (6) (a) &(c) of the Arbitration and Conciliation Act, 1996 (for short "the Act" ), the applicant prays for appointment of independent sole Arbitrator for adjudication of the dispute afresh and pass Award pursuant to the claim statement dtd. 27/11/2007, on the ground that the sole Arbitrator / District Collector, Visakhapatnam, appointed by the respondent, had failed to adjudicate the claim petition.

(3.) In the counter-affidavit filed by the respondent, it is stated at paragraph 21 that sole Arbitrator had passed Award on 24/12/2008 and the same was also challenged by the applicant by filing an application under Sec. 34 of the Act. The application filed under Sec. 34 of the Act is registered as A.O.P.No.209 of 2009. By order dtd. 4/12/2007 in A.O.P.No.209 of 2009, the application filed under Sec. 34 of the Act, was rejected. In paragraph 13, it was also observed that the learned Judge found no ground to interfere with the proceedings/Award of the 2nd respondent/sole Arbitrator.