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2014 (11) TMI 1138 - SUPREME COURTDirections for appointment of an Arbitrator - proceedings under Arbitration and Conciliation Act - Held that:- Though one B.S. Kanda had signed the Agreement on behalf of M/s Kanda and Associates, the said entity also consist of the petitioners Nos. 2, 3 and 4. In the aforesaid situation, though the present petition under Section 11(6) of the Act may not be maintainable at the instance of the first petitioner, there is no reason to doubt the maintainability thereof at the instance of the petitioners Nos. 2, 3 and 4. The reliance placed on the decision of the Bombay High Court in Venkatrao A. Pai v. Narayanlal Bansilar & Ors. [1960 (8) TMI 94 - BOMBAY HIGH COURT], to contend that if two or more parties join in an action, dismissal of the action qua one petitioner entails the dismissal qua the others as well is wholly misplaced. No such ratio is discernible in the aforesaid judgment. For the aforesaid reasons, the objections raised by the respondent - Company to the present petition must fail. Shri Justice B.Sudershan Reddy, a former judge of this Court is appointed as the sole Arbitrator. All disputes including the disputes raised in the present petition are hereby referred to the learned sole Arbitrator. The learned Arbitrator shall be at liberty to fix his own fees/ remuneration/other conditions in consultation with the parties.
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