JUDGEMENT
NEENA BANSAL KRISHNA, J. -
(1.)The present Petition under Order XLVII read with Sec. 151 of the Code of
Civil Procedure, 1908 (hereinafter referred to as "CPC, 1908") has been filed
on behalf of the Petitioner/IRCON International Ltd. (Respondent in the main
petition) seeking review of the Order dtd. 2/2/2023 vide which the petition
under Sec. 14 and Sec. 15 of the Arbitration and Conciliation Act, 1996
(hereinafter referred to as "Act, 1996"), was allowed.
(2.)It is submitted that the Petitioner had filed its written arguments on
6/1/2020 as is recorded in the Order dtd. 27/1/2020. However, while addressing the arguments, the same were not found on record and the written
submissions were submitted again in the Court, as reflected in order dtd.
28/9/2022.
(3.)The written arguments were premised on two alternate arguments: first being
that as the arbitration was invoked prior to 2015, unamended Arbitration and
Conciliation Act, 1996 (hereinafter referred to as "Act, 1996") would apply,
which gave petitioner herein the power to reappoint the Arbitrator; and second
was that as per the Arbitration Clause if the given procedure was not
acceptable to the party, arbitration itself could not be invoked. It is
submitted that the second limb of argument has not been addressed in the Order.
A prayer, is made that the second limb of argument may also be considered.
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