S.B.SINHA, V.V.S.RAO
General Manager, B. C. RAILWAY – Appellant
Versus
Sri Rama Engineering Constructions, Hyderabad – Respondent
( 1 ) WHETHER the High Court would be the appropriate Court for entertaining an application under Section 34 of the arbitration and Conciliation Act, 1996 (for the sake of brevity hereinafter referred to as the said Act ) where an arbitrator has been appointed by the Chief Justice of this Court in terms of sub-section (6) of Section 11 of the said Act, is the question which falls for consideration in this petition.
( 2 ) THE first respondent herein, as regards the several disputes and differences by and between it and the petitioners, invoked the arbitration clause culminating in filing an application before this Court under section 11 of the said Act. The said application was marked as Arbitration application No. 32 of 1998. The learned chief Justice appointed the 2nd and 3rd respondents herein as joint arbitrators by an order dated 21-8-1998 observing that they would be at liberty to appoint an umpire in the event they deem fit having due regard to the views of the parties as may be obtained at the first sitting of the arbitrator. The learned arbitrators submitted an award dated 30-6-1999. The petitioners herein have filed this petition under Section 34 of the
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