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1999 Supreme(SC) 663

SUJATA V.MANOHAR
Agio Countertrade Private LTD. – Appellant
Versus
Punjab Iron And Steel Company LTD. – Respondent


ORDER

1. Objection is overruled in view of the directions given by Hon ble the Chief Justice of India.

2. This is an application under Section 11 of the Arbitration and Concialition Act, 1996 for the appointment of an arbitrator. The application is made under the "Appointment of Arbitrators by Hon ble the Chief Justice of India Scheme, 1996", framed pursuant to Section 11.

3. In the present case, under Sections 11(5) and (6), the Chief Justice or any person designated by him to take necessary measures is required to appoint an arbitrator as provided therein. It is not disputed by either side that the requirements of these sub-sections are complied with in the present case. It is, however, contended by learned counsel for the respondent that since the respondent Company has been declared as a sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985, and a scheme for the said Company has also been framed under the said Act, an arbitrator should not be appointed. The provisions of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 have been shown to me. The present proceedings, however, for the appointment of an arbitrator under S



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