made a reference before the
learned Arbitrator vide his communication dated 17.08.2015 and the
Arbitrator entered upon the reference vide his letter dated 18.11.2015,
Annexure ... Arbitrator. No doubt that the petitioner had made a reference
to the Arbitrator in August, 2015, but the Arbitrator had entered upon the
reference after
Arbitrator to adjudicate
the disputes between the parties.
2. Counsel for the petitioner submits that a concession
agreement dated 14.01.2020, Annexure P1, was entered into ... Annexure P17, respondent agreed to refer it to
an arbitrator. The arbitrator entered upon reference vide notice dated
27.08.2020, Annexure P18, and an award
file any application and the interim order would be
vacated without further reference. Eventually the appeal was decided on
18.09.2015 upholding the jurisdiction ... provided situs of the arbitration by noticing that the Arbitrator had already
entered into the reference. Clause 16 reads as under:
"16. GOVERNING
filing of the appeal are that a loan
agreement dated 31.12.2016, was entered into between respondent No.1 and
respondent No.2, whereby respondent ... clause and respondent No.6 was appointed as an Arbitrator,
who entered upon the reference and issued notice to the parties. He passed
case of a dispute between the parties, it shall be referred to an
Arbitrator to be appointed by the petitioner. Some disputes arose ... Annexure P4, petitioner appointed Mr. Abhijat
Bal, as an Arbitrator, who entered upon reference and the parties filed
their respective pleadings. An application dated
term of this contract that the
arbitrator shall adjudicate on only such disputes as
are referred to him by the appointing authority and
give separate ... term of the contract that the
arbitrator shall be deemed to have entered on the
reference on the date he issues notice to both
such disputes as are
referred to him by the appointing authority and give
separate award against each dispute and claim referred ... term of the contract that the arbitrator
shall be deemed to have entered on the reference on the
date he issues notice to both
nominated as an Arbitrator to
determine the dispute between the parties, subject to compliance of the
statutory requirements. The nominated Arbitrator will continue with ... previous
Arbitrator. It is clarified that the extended time period would start from the
day, the nominated Arbitrator enters upon the reference.
10. Parties
sole Arbitrator to adjudicate the dispute between the
parties. It has been submitted that sole Arbitrator has not entered upon the
reference.
3. When confronted ... move an appropriate application before the Arbitrator
within a period of two months of his entering upon the reference. Interim
orders passed by learned Additional
Annexure P-4. By referring to communication
dated 19.06.2017, Annexure P-5, counsel submits that the Arbitrator sent
a letter to the Chief Engineer that ... Government, some other Arbitrator be appointed. He
asserts that the said Arbitrator never entered upon the reference. Counsel
submits that the petitioner served notice dated
