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JAMMU AND KASHMIR HIGH COURT
Mr. Muzaffar Jan, J
Tramboo Joinery Mill Pvt. Ltd. v. Commissioner/Secretary to Govt. and Others
| Table of Content |
|---|
| 1. procedural details on prior and current arbitration (Para 1 , 2) |
| 2. arguments regarding independence of arbitrators (Para 3 , 4 , 5 , 6) |
| 3. court’s observations on legal requirements (Para 7 , 8 , 9 , 10 , 11) |
| 4. final order of appointment of arbitrator (Para 12) |
1. This order is in continuation of an earlier order passed in AA no. 7/2013. A copy of that order be added as part of this order. The petitioner had earlier filed AA no. 7/2013 which was decided on 27.07.2013. In those proceedings it was concluded on the basis of various judgments of Hon'ble the Supreme Court, namely, Datar Switchgears Limited v. Tata Finance Ltd. and anr., 2000 (8) SCC 151 , Punj Lloyd Ltd. v. Petronet MHB Ltd., 2006 (2) SCC 638, Union of India v. Bharat Battery Mfg. Co.(P) Ltd., 2007 (7) SCC 684, SBP and Co. v. Patel Engineering Ltd. and anr., 2005 (8) SCC 618, Denel (Proprietary) Limited v. Ministry of Defence, 2012 (2) SCC 759, Northern Railway Admn, Ministry of Railways v. Patel Engg. Co. Ltd., 2008 (10) SCC 240 and Indian Oil Corporation Limited v. Raja Transport (P) Ltd., 2009 (8) SCC 520 that following two principles with regard to appointment of arbitrator by the Court have emerg
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