Gujarat High Court
Executive vs M/S on 13 May, 2011
Gujarat High Court Case Information System Print IAAP/31/2011 1/ 1 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD PETN. UNDER ARBITRATION ACT No. 31 of 2011 ========================================================= EXECUTIVE ENGINEER, NARMADA PROJECT CANAL, DIVISION NO.10, - Petitioner(s) Versus M/S WARDERN KOOL CONSULTANTS PVT LTD - Respondent(s) ========================================================= Appearance : MR NIRZAR S DESAI for Petitioner(s) : 1, None for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 13/05/2011 ORAL ORDER
The
counsel for the petitioner submitted that the respondent has
appointed an Arbitrator unauthorisedly and illegally. He submitted
that the petitioner-Corporation had not agreed to the Arbitrator of
the choice of the respondent. This is, however, not the subject
matter which can be examined while entertaining application for
appointment of an Arbitrator under Section 11 of the Arbitration and
Conciliation Act. It would be open for the petitioner to take
recourse to appropriate proceedings if it is the case of the
petitioner that the present Arbitrator is acting without
jurisdiction. Disposed of accordingly.
(AKIL
KURESHI, J.)
zgs/-
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