Madras High Court
J.N.N.Matriculation School vs M/S.Educomp Solutions Limited on 2 August, 2021
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
O.P.No.604 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2021
CORAM
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
O.P. No. 604 of 2015
J.N.N.Matriculation School,
rep. by its Chairman,
Mr.S.Jayachandran,
Usha Garden, 90, Kannigaipair,
Uthukottai Taluk,
Thiruvallur – 601 102, Chennai. ... Petitioner
Vs
1. M/s.Educomp Solutions Limited,
rep. by its Senior Vice President,
1211, Padma Tower,
5, Rajendra Palace,
New Delhi – 110 008.
2. Ms.Sonia Singhani,
Advocate,
Chamber No.427, Patiala House Court,
New Delhi-110 001. ... Respondents
PRAYER : Original Petition filed under Section 14 and Section 15 read
with Section 11 of the Arbitration and Conciliation Act, 1996, praying to
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O.P.No.604 of 2015
terminate the appointment of the 2nd respondent – Sole Arbitrator made by
the 1st respondent in his letter dated 27.11.2014 with cost.
For Petitioner : Mr. S.Giridharan
ORDER
This Original Petition has been filed seeking to terminate the appointment of sole arbitrator.
2. The main ground raised is that the arbitrator has been appointed without the consent of the petitioner. It appears that, if the Arbitrator is appointed, the grounds for challenge can be made as contemplated under Sec.12 and 13 of the Act and that application can be made within 15 days after becoming aware of the constitution of arbitral tribunal or after becoming aware of any circumstances referred to in sub-section (3) of the Act. Though it is the contention of the learned counsel that the said application has been filed straight away, it is to be noted that objections should be raised as per law, but is it has not been done so. During submissions, it came to light that subsequently, the Arbitrator had proceeded the matter, and award came to be passed, which was also put in challenge under Sec. 34 of the Act.
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3. In such view of the matter, the Original Petition seeking to terminate the appointment of Arbitrator become infructuous. Accordingly, this Original Petition stands dismissed.
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