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2015 Supreme(Del) 355

RAJIV SHAKDHER
Haryana Packaids Pvt. Ltd. – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Rajiv Bahl, Usha Mann, Advocates.
For the Respondents:M.M. Kalra, Kunal Kalra, Advocates.

JUDGMENT

RAJIV SHAKDHER, J.

OMP 692 of 2011 & IA No. 14514 of 2011 (Condonation of delay in re-filing petition)

IA No. 15690/2010 (for extension of time by arbitrator) in OMP No. 235/2008

1. This is a petition, essentially, filed under Section 14(1)(a) and 14(2) read with Section 11(6) and 11(8)(b) of the Arbitration & Conciliation Act, 1996 (in short the 1996 Act).

1.1 In addition to the above, provisions of Section 18(4) of the Micro, Small and Medium Enterprises Development Act, 2006 (in short the 2006 Act), have also been invoked.

1.2 In effect, the petitioner seeks to replace the present incumbent, who is functioning as an arbitrator, namely, one Sh. M.K. Jain, with a court appointee. Sh. M.K. Jain has been arrayed as respondent no.3 to the present proceedings. Apparently, since the 2006 Act is applicable to the petitioner, one of the prayers made in the petition adverts to the fact that the micro and small enterprises council/centre could act as an arbitrator or as conciliator under Section 18(4) of the 2006 Act. Though, during the course of arguments, this prayer was not pressed.

2. I may only note that the petitioner had earlier filed a petition bearing OMP No. 235/2008, in this





















































































































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