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2002 Supreme(SC) 694

Supreme Court Of India
VIATRA A. G.
Versus
STATE TRADING CORPN. OF INDIA LTD.
Decided on : July 17, 2002

Headnote:

Arbitration and Conciliation Act, 1996, Sections 11 - Appointment of arbitrator- Mr Justice S. Ranganathan, resident of A-102, Anandlok Coop. Group Housing Society, "Purvasha", Mayur Vihar, Phase I, Delhi 110 091, a retired Judge of the Supreme Court of India appointed as the presiding arbitrator to decide the dispute between the parties.[Para 2]

Judgment

N. S. HEGDE, J.

( 1 ) IN view of a factual error in the order made by me on 1-5-2002, I recall the same and make the following order after hearing the parties:"i have been nominated by the Honble the Chief Justice of India to appoint a presiding arbitrator to decide the dispute between Viatra A. G. and State Trading Corporation of India Ltd. "

( 2 ) EXERCISING the authority so vested in me and after hearing the parties concerned, I appoint Mr Justice S. Ranganathan, resident of A-102, Anandlok coop. Group Housing Society, "purvasha", Mayur Vihar, Phase I, Delhi 110 091, a retired Judge of the Supreme Court Of India as the presiding arbitrator to decide the said dispute between the parties.

( 3 ) THE said presiding arbitrator will be paid such fee as may be determined by him.

( 4 ) LEARNED counsel appearing for the State Trading Corporation has put forward a contention that there is no valid arbitral clause in the agreement. This is not a matter for me to decide. The objection, if any, in this regard will have to be raised before the learned arbitrators.

( 5 ) ORDERED accordingly.

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