Dakshin Shelters P. Ltd. Vs. Geeta S. Johari
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Head Note
The Arbitration and Conciliation Act, 1996 - Section 11
Appointment of arbitrator - Respondent sent a notice to the petitioner on 10-12-2010, invoking arbitration clause in the agreement for appointment of arbitrator - Petitioner replied on 10-1-2024 stating that "the question of appointment of Arbitration does not raise either from your side or from our side - There is no arbitral dispute to be decided by the arbitrator " - It is clear that the petitioner declined to appoint its arbitrator as according to it there was no question of appointment of arbitrator by either of the parties - The stance of the petitioner amounted to failure on its part to appoint its arbitrator on receipt of the request to do so from the respondent - Designate Judge committed no error in nominating an arbitrator on behalf of petitioner.
Topic(s)-Appointment of Arbitrator