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Head Note

The Arbitration and Conciliation Act, 1996  - Section 11

Appointment of Arbitrator - Contract agreement - Got terminated - Respondent raised claims against the appellant - Invoked - Arbitration agreement - Arbitrator adjusted Rs.11,10,662 awarded - Towards the sum of Rs.91,33,844 - Awarded - Directed appellant to pay the balance -Appellant paid - Filed a petition under section 11 - For appointment of an arbitrator - To decide claim for extra cost - High Court - Dismissed application - Held - Appellant application-misconceived, barred by res judicata, and mala fide - Appeal - whether Chief Justice or his designate - Can examine the tenability of a claim - Barred by res judicata - While considering application u/s 11- No - Whether - Designate justified - Holding - Claim - Barred by res judicata - Application under section 11 - Misconceived and mala fide - No - Decision on res judicata - Requires consideration of - Pleadings - Also claims/issues/points and award - In first round - Juxtaposition with pleadings issues/points/claims - In second arbitration - Considering - Application u/s 11 of the Act -Supreme Court - Nothing prevented- Appellant asking separate claim by - Second arbitration - Appellant cannot adjust amount due claim for damages - Against the respondent - Appellant's application under section 11 of the Act, 1996 allowed.

Topic(s)-Appointment of Arbitrator

Important Decision(s)- Nothing prevented- Appellant asking separate claim by - Second arbitration - Appellant cannot adjust amount due claim for damages.