Datar Switchgears Ltd vs Tata Finance Ltd. & Anr on 18 October, 2000
Learned counsel for the petitioner has vehemently argued that
the respondents have failed to appoint the Arbitrator as per the request made
by the petitioner on 31.3.2010. It is argued that the appointment of
Arbitrator vide the order dated 19.10.2010 is stated to be on the request
made by the Executive Engineer but as a matter of fact, the appointment of
the Arbitrator was in consequence of the disputes raised by the petitioner.
The Arbitrator was appointed after invocation of the jurisdiction of this
Court by the petitioner. Therefore, in view of the judgment of the Hon'ble
Supreme Court (2000) 8 SCC 151, Datar Switchgears Ltd. Vs. Tata Finance
Ltd and another, respondent-Board is not competent to appoint an
Arbitrator.