NAVIN CHAWLA, J.

1. These petitions have been filed under Section 14(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) praying for termination of the mandate of the Sole Arbitrator appointed by the Managing Director of the respondent.

2. Learned counsel for the petitioner, relying upon the judgment of the Supreme Court in TRF Limited v. Energo Engineering Projects Ltd., (2017) 8 SCC 377 has submitted that the Arbitration Agreement between the parties in so far as that it provides that the Sole Arbitrator shall be nominated by the Managing Director of the respondent, would no longer be enforceable in view of the Section 12(5) of the Act. Though, various other pleas have also been raised in the petition to challenge the Arbitrator so appointed, the learned counsel for the petitioner fairly submits that as these are not relatable to Section 12(5) of the Act, in view of the judgment of the Supreme Court in HRD Corporation v. GAIL (India) Limited, MANU/SC/1066/2017, the petitioner would not press the same in the present petition, reserving its right to agitate the same in its application under Section 34 of the Act, if required.

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