UNION OF INDIA Vs. YASHPAL CHOPTRA & CO

JUDGEMENT

(1.) Mr. Parhi, learned advocate, Assistant Solicitor General appears on behalf of appellants and submits, impugned judgment dtd. 9/5/2012 is required to be interfered with in appeal. He submits, it is true the arbitrator was appointed on request made under sub-sec. (6) in sec. 11, Arbitration and Conciliation Act, 1996 but his client invoked sec. 16 to challenge the appointment, in the reference. On being unsuccessful, his client thereafter contested the claims. Award dtd. 17/2/2010 was made.

(2.) His clients being aggrieved by the award had challenged it before the District Judge. By impugned judgment, learned Court below held that challenge to the award was not maintainable, since the order of appointment of arbitrator under sec. 11(6) was a judicial order and sec. 42 required the appeal to be filed in the Court wherein that application was made.

(3.) Mr. Hota, learned advocate appears on behalf of respondent and relies on several decisions.