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2008 Supreme(P&H) 1052

VIJENDER JAIN
Opbk Construction Pvt. Ltd. – Appellant
Versus
Punjab Small Industries And Export Corporation Ltd. – Respondent


Judgment

Vijender Jain, J.

1. This is a third round of litigation between the parties. I need not go into order dated 28.04.2006 passed in Arbitration Case No. 13 of 2005 by the then Acting Chief Justice holding that the Chief Engineer of the respondent-Corporation had entered into an arbitration on 22.02.2001 and, therefore, he will continue to act as an arbitrator, as the respondent-Punjab Small Industries & Export Corporation Ltd. has supplied the vacancy in terms of the arbitration clause. It seems that this order of the then Acting Chief Justice was challenged by the applicant-petitioner by filing a special leave petition which was dismissed.

2. Thereafter, the applicant-petitioner filed a petition under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred to as the Act) inter alia with the prayer to terminate the mandate of respondent No. 2-Chief Engineer and appoint an independent person as an arbitrator for adjudication of the claim of the applicant-petitioner. The matter was heard at length. I would not repeat the grounds as mentioned in the petition for termination of the mandate, although same were similar to the one what has been contended































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