JUDGMENT

Prateek Jalan, J. (Oral)--By way of the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"], the petitioner assails an award dated 22.08.2019 rendered by a sole arbitrator in a dispute between the respondents herein (who were the claimants before the learned arbitrator) and the petitioner (who was the respondent therein).

2. The first ground raised in support of the petition by Mr. Rajeeve Mehra, learned Senior Counsel for the petitioner, is that the arbitral proceedings were void ab-initio as the learned arbitrator was unilaterally appointed by the Secretary, Department of Legal Affairs, Government of India, who was himself ineligible to act as the arbitrator.

3. I have heard Mr. Mehra and Mr. J.M. Kalia, learned counsel for the respondents on this issue.

4. Respondent No.1, National Research Development Corporation [hereinafter, "NRDC"] is an enterprise of the Department of Scientific and Industrial Research, Government in India ["hereinafter, "DSIR"], which is arrayed as respondent No.2. The arbitration proceedings arose out of a Tripartite Agreement dated 23.11.2010 [hereinafter, "the Agreement"] by which the respo