Rajasthan High Court - Jaipur
Kirloskar Technologies Pvt. Ltd vs Rajasthan Medical Services ... on 8 November, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Arbitration Application No.34/2019
Kirloskar Technologies Pvt. Ltd., Through Its Autorized
Representative/ Vice President Shri Ananad Behera S/o Shri
Surendra Nath Behera Having Registered Office At B-58, First
Floor, Defence Colony, Bhisham Pitamah Marg, New Delhi-
110024
----Petitioner
Versus
Rajasthan Medical Services Corporation Limited, Through Its
Managing Director, Swasthya Bhawan, C-Scheme, Jaipur.
----Respondent
For Petitioner(s) : Mr.Punit Singhvi. For Respondent(s) : Mr.Nikhil Simlote.
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 08/11/2019 The applicant submits that the arbitrator is appointed under the arbitration clause as provided under Section 12 (5) of Arbitration and Conciliation Act, 1996 (hereinafter 'the Act of 1996') read with Schedule 7 (1) of the Act.
In view thereof, the applicant has moved this application before this court seeking appointment of an arbitrator and submits that an arbitrator appointed by the respondent without consent from the applicant would have no power to adjudicate the dispute.
Learned counsel for the petitioner wants time to bring law on the aspect whether in such circumstances the arbitration clause itself would loose its credence or not in view of the judgment in the case of Newton Engineering and Chemicals Limited (Downloaded on 07/06/2021 at 02:11:54 AM) (2 of 2) [ARBAP-34/2019] Versus Indian Oil Corporation Limited & Others reported in 2013 (4) SCC 44.
Learned counsel prays that the arbitrator appointed by the respondents has issued notices to the applicant and he is continuing his proceedings.
Time is granted to the counsel for the applicant. At the same time, the respondents is directed to inform the arbitrator, so appointed, not to proceed further with the proceedings.
List the case again on 22.11.2019.
(SANJEEV PRAKASH SHARMA),J Karan Bhutani/531/221 (Downloaded on 07/06/2021 at 02:11:54 AM) Powered by TCPDF (www.tcpdf.org)