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Dlf Home Developers Ltd vs Shipra Estates Ltd & Ors. on 24 December, 2021 cites

Perkins Eastman Architects Dpc vs Hscc (India) Limited on 26 November, 2019

16. The plea of respondent No.1 that no opportunity of hearing was afforded before passing the impugned judgment is out-rightly rejected by this Court, as this Court had first satisfied itself on the aspect of Section 11 (6) in this petition. Pertinently, before writing down the appointment, this Court had heard the learned counsel for the parties at length and specifically observed in the order that in view of Hon'ble Supreme Court's decisions in Perkins Eastman Architects DPC & Anr. Vs. HSCC (India) Ltd. 2019 SCC OnLine SC 1517, unilateral appointment of Arbitrator was not permitted and therefore, the three names proposed by the petitioner could not have been given effect to by the respondent. This Court had also recorded that the Arbitrator either has to be appointed with the consent of the parties or by this Court and since, there was no consensus, learned counsel for the parties had requested for appointment of Arbitrator by this Court and so, the matter was reserved for pronouncement during the day and the appointment in question was made. Pertinently, neither any objection to the appointment of Arbitrator by this Court was raised nor any name was proposed by defendant No.1 at the relevant time. Therefore, this Court in its astuteness appointed an independent and impartial Arbitrator, subject to compliance of Section 12 of the Arbitration and Conciliation Act, 1996 before commencement of I.A.14662/2021 in ARB.P. 762/2021 Page 10 of 16 arbitration by the learned Arbitrator.
Supreme Court of India Cites 33 - Cited by 1034 - U U Lalit - Full Document
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