EXIDE INDUSTRIES LIMITED Vs. C G ENTERPRISE

JUDGEMENT

(1.) The aforesaid three revisional applications, arising out of connected orders, are taken up for hearing together. Despite repeated service, the opposite party is not represented and as such, the matters are taken up for hearing ex parte.

(2.) In an agreement entered into between the parties on March 3, 2014, there was an arbitration clause. By virtue of the said clause, the parties had agreed to refer the difference, disputes or questions arising between them as to the meaning or effect of the agreement or as to the rights or liabilities of the parties arising thereunder or any matters or things relating to the agreement or arising out of or in connection therewith, either during the continuance of the agreement or after any termination or purported termination thereof, to an arbitrator to be appointed by the petitioner-company only. Such arbitral proceeding was to be held in Kolkata in accordance with, and subject to, the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force (hereinafter referred to as "the 1996 Act").

(3.) Upon disputes having arisen between the parties, the petitioner appointed an arbitrator of its choice by a letter dated April 1, 2016.