M/S. INFRASTRUCTURES Vs. UNION OF INDIA

JUDGEMENT

(1.) Though the petitioner had submitted that the petitioner would accept the appointment of an arbitrator by the relevant appointing authority and the same was recorded in the order dated August 11, 2011, the petitioner approached the court on the next available working day and retracted from such position. However, since this matter was pending for a decision on a legal issue with two other matters, the petitioner's retraction was not immediately recorded.

(2.) Only two objections have been taken on behalf of the respondent in the affidavit filed by it. The respondent contends that the Chief Justice of this court or his designate would not have any authority to entertain the present request under section 11 of the Arbitration and Conciliation Act, 1996 since the respondent does not carry on any business within the ordinary original civil jurisdiction of this court. The other point taken is that since the petitioner did not request the appointing authority to appoint an arbitrator in the format stipulated by the respondent, the petitioner should be deemed to have not made any request for constitution of the arbitral tribunal at all.

(3.) No other objection has been taken either in the affidavit or in course of the hearing.