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6. The Sole Arbitrator was nominated by appellant in accordance with the dispute resolution clause. The Arbitrator entered into reference and issued a preliminary notice dated 7.2.2019 to the parties. The Arbitrator fixed 27.2.2019 as the date for preliminary hearing. ____________ https://www.mhc.tn.gov.in/judis O.S.A. (CAD) Nos.62 and 63 of 2023
8. As the mandate of the Sole Arbitrator was about to expire, the parties, i.e., appellant and respondents herein, made a joint application dated 19.1.2021 to the Sole Arbitrator affirming that the Arbitrator had entered into reference on 7.2.2019 and further consenting to the extension of the mandate of the Arbitrator under Section 29A of the Act. A copy of ____________ https://www.mhc.tn.gov.in/judis O.S.A. (CAD) Nos.62 and 63 of 2023 the joint application dated 19.1.2021, for ease of reference, is scanned and reproduced below:
(d)The reliance of respondents on the decision in Perkins (supra) is misplaced, as the judgment was passed subsequent to the Sole Arbitrator entering reference. Notwithstanding the law as laid down by the Apex Court in TRF Limited (supra) and Perkins (supra), no objection was raised during the entire arbitral proceedings. On the contrary, respondents participated in the arbitration proceedings and merely because the award was passed against respondents, as an afterthought, respondents have raised the challenge to the appointment of the Sole Arbitrator.
(o)The learned Single Judge has exceeded the jurisdiction under Section 34 of the Act by appointing a new arbitrator to enter upon a reference and adjudicate the disputes inter se the parties and Section 34 of the Act does not provide for appointment of an Arbitrator by the High Court.