CHITRA DEVI MAHESHWARI Vs. ANAND BERNARD AND OTHERS

JUDGEMENT

(1.) This review petition has been filed for review of the order dated 09.12.2015. The Court has held that there exists a dispute and there is also arbitration clause, therefore, appointed the Arbitrator.

(2.) It is submitted by Shri Mukund Das Maheshwari who appeared in person that the Court has appointed sole Arbitrator; however, as per the arbitration clause a Panel of Arbitrators shall be appointed.

(3.) The arbitration clause has been quoted in the order under review. It is mentioned in the arbitration clause that the decision of Arbitrators shall be binding. However, the Court exercised powers under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act of 1996") and the Court has powers to appoint sole Arbitrator. Looking to the facts of the case, the Court has appointed sole Arbitrator.