SHAKAMBARI ANDCO Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Judgment of the Court was as follows : this is an application for appointment of an Arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the said Act" ).

(2.) IT appears from the facts of the case that the disputes between the parties were referred before the learned Sole Arbitrator, Justice P. K. Banerjee (retired ). On 9th July, 2003, an award was published by the learned arbitrator and the application was filed for setting aside of the said award under Section 34 of the said Act and hence, the award set aside.

(3.) !t is submitted on behalf of the petitioner that since the disputes between the parties not decided, the matter should be referred for appointment of a learned Arbitrator. Mr. Jayanta Mitra, learned Senior advocates appearing in support of this application submitted that at the hearing it was demonstrated on behalf of the Union of India that the award was full of inconsistencies and at the time of hearing it was also held by the hon'ble Judge the award itself was "a trifle incoherent".