former Judge, High Court of Karnataka could
be appointed as arbitrator to enter reference of the
disputes.
In the light of the above, the petition ... former
Judge of this Court, is appointed as the sole
Arbitrator to enter reference of the dispute between
the petitioner and the respondents and conduct
agreement between the parties, referred the dispute to the arbitration. Arbitrator entered reference and gave his award on 09.07.2002. Complainant filed objections against the said ... came with the present complaint. Certainly, the matter stood resolved by the arbitrator to whom the case referred by the District Forum, in view
Arbitration procedure,
thereafter, the Ld. Sole Arbitrator was appointed.
4. The Ld. Arbitrator entered upon the reference on 15.04.2013 and
directed claimant/respondent to file ... prayed for six claims before the
Ld. Arbitrator.
11. The Ld. Arbitrator entered upon the reference on 15.04.2013 and
directed to parties to file statement
loan agreement dated 30.04.2015
and appointed the arbitrator. The arbitrator entered
the reference. Both the sides participated in the
arbitration proceedings. Lastly, the arbitrator made ... arbitrator and prayed that the arbitrator
should withdraw as the sole arbitrator to adjudicate
upon the dispute between the parties. However, the
arbitrator dismissed
said agreement
and appointed the arbitrator. The arbitrator entered the
reference and conducted the arbitration proceedings. As per
the impugned award, the petitioner failed ... loan
agreement dated 25.04.2017 and appointed the arbitrator.
The arbitrator entered the reference and made the impugned
award.
8. Counsel for the petitioner pleaded that
perusal of the impugned award, it was revealed
that Ld. Sole Arbitrator entered reference in the arbitration
proceedings and issued notice dated ... notice was issued by the Ld.
Sole Arbitrator for entering upon reference in the matter and
notifying the parties about the date of hearing
commenced after
23.10.2015. It is stated that the reference was entered by
Ld. Arbitrator on 08.08.2018 in Arbitral proceedings and
the impugned Award passed ... beyond the limitation prescribed thereunder. She
submits that Ld Arbitrator entered upon reference on
08.08.2018 and has rendered the Award on 06.08.2020. She
further argues
Arbitrator has already been appointed in
the matter by an order of this Court passed on
03.03.2023. The Arbitrator has already entered into
reference ... dated
15.03.2022 be continued.
5. Prayer is not opposed. The Arbitrator has
entered into reference only recently. Keeping in view the
facts and circumstances
under Section 34 of the
Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the
Act' and/or the 'the principal ... inherent jurisdictional
issues pertaining to the eligibility of the arbitrator to enter
reference in the first place. The petitioner / award debtor has
prayed for setting
Retired Railway Officer(s)
working as Arbitrator(s) - reg;
*****
In partial modification to Railway Board‟s letter under
reference (i) to (iii), the matter ... made within six months from the date the
arbitration tribunal enters into reference, arbitrator
will be entitled for 50% extra fee subject to maximum