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KRISHNAN RAMASAMY
P. Cheran, Proprietor, Dream Theatres, Chennai – Appellant
Versus
Gemini Industries & Imaging Limited, (In Liquidation) Rep by its Official Liquidator, Chennai – Respondent
JUDGMENT
(Prayer: Arbitration Original Petition filed under Section 34(2)(a)(iv) and (v) and (b)(2)of the Arbitration and Conciliation Act, 1996, to set aside the award dated 29.04.2015 passed by the Arbitrator, which had arisen out of the dispute between the petitioner and the respondent and direct the respondent to pay the costs of the petition.)
1. This Arbitration Original Petition has been filed by the petitioner seeking to set aside the arbitral award dated 29.04.2015 passed by the Arbitrator.
2. The case of the petitioner is that the petitioner had entered into an Agreement dated 12.08.2012 with the respondent and availed financial assistance from the respondent to the tune of Rs.2,00,00,000/- for the production of Bilingual feature film “JK ENUM NANBANIN VAZHKAI” and the respondent had released the financial assistance in seven installments. The petitioner has admitted the fact about the disbursement of the said loan and on various dates, the petitioner had repaid Rs.1,15,00,000/- out of the total due of Rs.2,00,00,000/-. The petitioner had not released the film in any theatre or in the electronic media including satellite, etc. Thereafter, the petitioner requested the respond
The main legal point established in the judgment is that the appointment of the sole arbitrator unilaterally by one of the parties was improper and impermissible, violating the provisions of Section ....
Unilateral appointment of an arbitrator without proper notice and in violation of statutory provisions renders the resulting award unsustainable and against the public policy of India.
Unilateral appointment of an arbitrator in violation of Section 12(5) of the Arbitration and Conciliation Act, 1996 renders the award unsustainable under law and against the public policy of India.
A unilateral appointment of an arbitrator by one party contravenes Section 12(5) of the Arbitration and Conciliation Act, rendering the arbitral award void ab initio and against public policy.
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