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S.C.SHARMA
PVR (PREVIOUSLY CINEMAX INDIA LTD) GURGAON, HARYANA – Appellant
Versus
MALIK BROTHERS – Respondent
S.C. SHARMA, J.
1. The petitioner before this Court, a Company, has filed this present writ petition for issuance of an appropriate writ permitting the parties to apply for appointment of Arbitrator afresh by filing appropriate application under Section 11 of the Arbitration & Conciliation Act, 1996. It has been stated that an application was preferred u/S. 11 of the Arbitration & Conciliation Act, 1996 and this Court by order dt. 14/3/2011 has appointed Hon'ble Justice Shri P.D. Muley (Retd.) as a Sole Arbitrator. It has been further stated that the sole Arbitrator has not granted adjournment and is proceeding ahead with the arbitration and other grounds have also been raised for permitting the parties to apply for appointment of a new Arbitrator. Learned counsel for the petitioner has placed reliance upon a judgment delivered by the apex Court in the case of Udit Narain Singh Malpaharia Vs. Additional Member, Board of Revenue, Bihar, AIR 1963 SC 786 and his contention is that in the light of the aforesaid judgment a new Arbitrator can be appointed keeping in view the peculiar facts and circumstances of the case.
2. On the other hand, learned counsel for the other side has ve
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