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ORDER :
Tashi Rabstan, C.J.
1. The present petition has been filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an independent Arbitrator.
2. Brief facts, which lead to the filing of the present petition, are that on 03.10.2005, as per perpetual lease deed, lease hold rights of shop bearing No. GS- 119 measuring 12’ x 15’ situated at Sector G, Sainik Colony, Jammu was allotted in favour of Smt. Vaishno Devi and as per clause (4) of the Lease Deed, arbitration clause has been incorporated, in the event of existence of any dispute. On 10.07.2007, the premium for regularization of excess land of 225 sqft. appurtenant to the shop was received by the respondent No. 1 Society from the lessee. On 19.07.2007, as per Release Deed, the lease hold rights of the shop was transferred in faovur of Ajay Kumar Choudhary and possession of excess land for which premium was received was also given. As per release deed, the aforesaid shop along with excess land and its possession was obtained by the petitioner on 12.09.2017. On 17.10.2019, the petitioner applied for construction of shop on the shop site and the excess land which came to be san
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The court emphasized the necessity for impartiality in arbitration, ruling that automatic appointments of arbitrators undermined the arbitration clause, rendering the award invalid.
The unilateral appointment of a Sole Arbitrator by one party, without proper invocation under the Act, is invalid and constitutes an abuse of the process of law.
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