Allahabad High Court
Smt.Usha Devi vs Union Of India And 3 Others on 3 August, 2021
Bench: Naheed Ara Moonis, Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- WRIT - C No. - 16012 of 2021 Petitioner :- Smt.Usha Devi Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Vidhu Prakash Pandey Counsel for Respondent :- A.S.G.I. Hon'ble Naheed Ara Moonis,J.
Hon'ble Saumitra Dayal Singh,J.
Heard Shri Vidhu Prakash Pandey, learned counsel for the petitioner.
The present writ petition has been filed challenging the appointment of a sole arbitrator Ms S. Rajeni Ramadass and the entire proceedings of an Arbitration Case No. L737 of 2020 (M/S Cholamandalam Investment and Finance Company Ltd vs. Mr. Bhagwan Ji and Another).
Undisputedly, The Arbitration and Conciliation Act, 1996 is a self contained Code providing for appointment of arbitrators, challenge to their authority, conduct of proceedings, framing of awards & their execution and for procedure to challenge such awards.
Perusal of Section 13 of the Act clearly defines the scope and manner of challenge to the appointment of the arbitrator and the procedure to challenge the same.
In the present case, the petitioner admits the issuance of first notice, by the arbitrator, on 13.10.2020. It is also clear that the petitioner has not raised a challenge in terms of Section 13 of the Act, against the appointment of that arbitrator.
The present writ petition, filed under Article 226 of the Constitution of India, seeking to challenge the appointment of the arbitrator is wholly misconceived and is, accordingly, dismissed.
Order Date :- 3.8.2021 Saurabh