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SUPREME COURT OF INDIA

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CASE NO.:

Arbitration Petition 18 of 2005

PETITIONER:

India Household and Healthcare Ltd

RESPONDENT:

LG Household and Healthcare Ltd

DATE OF JUDGMENT: 08/03/2007

BENCH:

S.B. SINHA

JUDGMENT:

J U D G M E N T

S.B. SINHA, J :

This application under Sub-sections (5) and (6) of Section 11 of the

Arbitration and Conciliation Act, 1996 (for short "the 1996 Act") has been

filed for appointing an arbitrator on the respondent’s purported failure to do

so in spite of notice dated 15.04.2005.

Allegedly, an agreement was entered into by and between the parties

hereto on 8.05.2004. The said agreement contained an arbitration clause

being Clause 12 thereof, the relevant portion whereof reads as follows:

"12.2 In the event of any dispute or difference

arising between the parties hereto or as to the

rights and obligations under this agreement or as to

any claim monetary or otherwise of one party to

another, such dispute or difference shall be

referred to arbitration of a common arbitrator, if

agreed upon, otherwise to two or more arbitrators,

one to be appointed by each of the parties to this

agreement and such arbitratio