framed by the
learned arbitrator as issue nos.I and II and would submit that the learned
arbitrator after considering the evidence ... entered into between the parties and the
order passed by the Supreme Court appointing the learned arbitrator has
rendered a finding that the learned arbitrator
submitted that after the expiry of two years of the
arbitrator entering upon the reference, extension could not and cannot be granted
beyond further period ... read thus:
"2. The learned Counsel submitted that the Arbitrator entered a
reference on 30-8-2001 and therefore in terms of clause
arbitration proceeding have commenced or not.
The arbitrator shall be deemed to have entered into reference on the
date of issue of notice ... agreed upon between the parties and thus even if such arbitrator has
entered upon reference, the powers of the Chief Justice or his designate under
forming part of the contract entered into
between the parties, the dispute was to be referred to a named arbitrator.
A separate arbitration agreement, however ... findings and to save cost by referring the
entire dispute to a sole arbitrator. The arbitration agreement entered
into between the parties before this Court
appointment of the learned arbitrator
by the respondent, the alleged acceptance of the learned arbitrator to enter
upon the reference and the shoddy conduct ... contended that the acceptance of the
learned arbitrator to enter upon the reference as a sole arbitrator was
without authority and per se illegal
sole
arbitrator.
4. Pursuant to the said order passed by this Court, the
learned arbitrator entered upon the reference. Learned arbitrator
held the first meeting ... Court appointing learned arbitrator or even
prior to the date of invoking such arbitration agreement. Learned
arbitrator entered upon the reference on 15th October
Mumbai being the venue and accordingly the
learned arbitrator had entered upon the reference on 14th August,
2014. She submits that it is thus clear ... Mumbai, being the venue and
accordingly the learned arbitrator had entered upon a reference on
14th August, 2014.
25. A conjoint reading
forming part of the contract entered into
between the parties, the dispute was to be referred to a named arbitrator.
A separate arbitration agreement, however ... findings and to save cost by referring the
entire dispute to a sole arbitrator. The arbitration agreement entered
into between the parties before this Court
read with Memorandum of
Understanding and sought to refer the dispute to the learned designated
arbitrator Mr. Dilip Thakkar. It is the case ... petitioner
and the respondent no.2 that the learned arbitrator accordingly entered upon
the reference only on 10th January, 2005 though the alleged letter invoking
Patel Engineering Co. Ltd vs B.T. Patil And Sons Belgaum ... on 8 January, 2016
