TRIDENT LIMITED Vs. CROMPTON GREAVES LIMITED AND ANOTHER

JUDGEMENT

(1.) This petition has been filed under section 11(6) of the Arbitration and Conciliation Act , 1996 for appointment of sole arbitrator in terms of arbitration clause 10 of the agreement. Petitioner sent a communication to the respondent on 3.12.2018 for appointment of sole Arbitrator. No Arbitrator has been appointed as per arbitration clause contained in the agreement. Certain disputes have arisen between the parties.

(2.) The parties are agreed to appoint Sole Arbitrator.

(3.) Their Lordships of Hon'ble the Supreme Court in Deep Trading Company vs Indian Oil Corporation and others , (2013) 4 SCC 35 have held that once arbitrator is not appointed as per agreed procedure within stipulated time, right of party concerned to appoint arbitrator is forfeited. Their Lordships have held as under: