DIAMOND MILLS Vs. SOLE ARBITRATOR

JUDGEMENT

(1.) Heard learned counsel for the petitioner. By this writ petition the petitioner has challenged the initiation of the arbitration proceedings by respondent No. 1 at the request of respondent No. 2. According to learned counsel for the petitioner by Annexure-1 the agreement was terminated with the consent of both the parties and after termination of the agreement, no arbitral proceedings can be initiated. The termination of the agreement clearly indicates a settlement of all the claims under the agreement between the parties.

(2.) i considered the above submission of the learned counsel for the petitioner. In a matter of initiation of the arbitral proceedings, if any party has grievance with respect to even very jurisdiction of the arbitrator on the ground that there is no dispute in existence or the parties are precluded from raising dispute before arbitrator in view of the termination of the agreement or by settlement between the parties with respect to their all dispute then this type of objection can be raised before the learned arbitrator and it cannot be challenged by filing the writ petition.

(3.) Whenever, the above objection will be raised before the arbitrator, the arbitrator will decide this point raised by the petitioner and all the points raised in this writ petition, if raised by the petitioner before the arbitrator.