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ALLAHABAD HIGH COURT
Sri Narendrajit Singh, J
Industrial Gases Ltd v. Ganesh Flour Mills Co. Ltd.
Headnote: Read headnote
1. This is a defendant's first appeal from order under S.39 of the Arbitration Act .
2. The respondent - company filed a suit against the appellant - company for the recovery of a sum of Rs. 38,659.25 P. as rent of certain buildings used by the defendant. They also claimed the price of current consumed and the price or oxygen supplied. The suit was defended by the defendant on various grounds which need not be enumerated. Suffice it to say that the appellant - company made a counter claim on the allegation that the respondent - company had been overpaid. A claim was also made for the value of the building material which had been left behind when the premises were vacated by the appellant - company. After issues had been framed in the case, the dispute was referred to three arbitrators, namely, Sri Narendrajit Singh, Bar - at - Law, Sri Ganpat Sahai, Chief Engineer of the respondent - company and Sri H. S. Ramaswami, Chief En
Umpire in arbitration must adhere strictly to court remand orders; exceeding jurisdiction invalidates the award.
The appointment of a sole arbitrator deviated from the statutory requirements and terms of the arbitration agreement, making proceedings invalid under the Arbitration and Conciliation Act, 1996.
When a specific reference has been made to the arbitrator and the parties raise the dispute of arbitrability, with the leave of the court/by a direction of the court in a proceeding u/s 33 of the Arb....
The court established that under the amended Arbitration and Conciliation Act, 1996, an arbitrator must be independent and impartial, and parties cannot appoint an arbitrator if the appointing author....
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
Court cannot review an unreasoned award unless arbitrators misconducted themselves or proceedings.
Judicial intervention in arbitration is limited, focusing on procedural irregularities rather than merit assessments.
Review petitions are maintainable under Article 137 for judicial orders, but cannot serve as a rehearing of original matters.
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