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2000 (10) TMI 873 - SC - Companies LawWhether in a case falling under section 11(6), the opposite party cannot appoint an Arbitrator after the expiry of 30 days from the date of demand? Held that:- Appeal dismissed. We do not think that the first respondent, in appointing the second respondent as the Arbitrator, failed to follow the procedure contemplated under the Agreement or acted in contravention of the arbitration clause. Hence, the appellant, while filing the application under section 11 had no cause of action to sustain the same as there was no failure of the agreement or that the first respondent failed to act in terms of the agreement. The application was rightly rejected.
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