JUDGMENT :

R.D. Dhanuka, J.

By this petition filed under section 34 of the Arbitration & Conciliation Act,1996 (for short "the Arbitration Act"), the petitioners have impugned the arbitral award dated 14th January,2019 passed by the learned arbitrator allowing the claims made by the respondent (original claimant).

2. Learned counsel appearing for the petitioners made the following submissions :

Under clause 23.1 of the agreement entered between the parties, the dispute, if any, could be referred to the sole arbitrator appointed by the respondent. It is submitted that the learned arbitrator in this case was appointed by an advocate representing the respondent and not the respondent itself. In support of this submission, he invited my attention to the disclosure made by the learned arbitrator under section 11(8) of the Arbitration Act annexed at page 505 of the arbitration petition dated 27th December,2017. In support of the submission that the respondent itself could not have appointed the learned arbitrator and in any event through the advocate, the respondent placed reliance on the judgment of the Supreme Court in case of TRF Ltd. vs. Energo Engineering Projects Ltd., (2017) AIR SC 38