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2023 Supreme(Del) 2529

NEENA BANSAL KRISHNA
Elecon Engineering Company Limited – Appellant
Versus
Indure Private Limited – Respondent


Advocates appeared:
Mr. Manish Vashisht, Senior Advocate with Mr. Sanjeev Kumar Sharma, Mr. Shivam Dahiya, Ms. P.Sandhya, Ms. Ditai Singh & Ms. Kamal Dalal, Advocates, for the Petitioner.
Mr. A. Sibal, Senior Advocate with Mr. Prashant Mehta & Ms. Divita Vyas, Advocates, for the Respondent.

JUDGMENT

Neena Bansal Krishna, J.

O.M.P. (T) (COMM.) 7/2019

1. The petitioner has filed the petition under Section 14 read with Section 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "A & C Act, 1996") seeking termination of mandate of the learned Sole Arbitrator.

2. The petitioner has also filed O.M.P. (COMM.) 236/2019 to challenge the Arbitral Award dated 6th May, 2019 which has already been pronounced, wherein the appointment and jurisdiction of the Arbitrator forms one of the ground of challenge to the Award. The controversy in regard to the appointment of Arbitrator and alleged wrongful assumption of jurisdiction shall be considered in the petition under Section 34 of the A & C Act, 1996.

3. The petition is accordingly disposed of.

I.A.5087/2019 (for stay of proceedings) in O.M.P. (T) (COMM.) 7/2019

4. The application was filed seeking stay of the arbitration proceedings pending before the sole arbitrator. The learned Arbitrator has already concluded the arbitral proceedings and the Award dated 6th May, 2019 has been pronounced, making the present application infructuous.

5. The application is hereby dismissed.

O.M.P. (COMM.) 236/2019

6. The pet

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