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ANAND PATHAK
Om Sai Rk Constructions Private Limited – Appellant
Versus
Forsight Infractech Private Limited – Respondent
ORDER
1. Present application is preferred by applicant under Section Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') for appointment of arbitrator.
2. Reliefs prayed for are as under:-
'(i) Annulling appointment of arbitrator vide letter dated 24.12.2020 (Annexure A-4).
(ii) Appointing an impartial arbitrator to resolve claims of the applicant.
(iii). Any other relief which this Hon'ble Court finds appropriate in the matter.
(iv) Costs.'
3. Precisely stated facts of the case are that applicant is a company registered under Companies Act and filed this application through its Director. Applicant is a construction company having expertise in construction of high rise buildings and hereinafter would be referred to as Subcontractor. Respondent is also a company registered under Companies Act and represented through its Director Ms. Upasana Agrawal. Respondent is also engaged in construction work of high rise buildings and hereinafter would be referred to as Contractor.
4. applicant/Subcontractor through its Director Rajesh Kumar Kaushal entered into an agreement dated 2.3.2015 to construct residential township 'Emerald Greens' [Four Tower
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An arbitrator's mandate can be terminated when they fail to act without undue delay; new appointments must ensure impartiality as per updated legal standards.
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The appointment of an arbitrator must comply with the Arbitration and Conciliation Act, particularly Section 12(5), which disqualifies certain individuals from serving as arbitrators.
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