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2010 (1) TMI 1140 - SC - Companies LawWhether the High Court was correct in allowing the petition of the respondent and thereby terminating the mandate of the arbitrator and thus appointing a new Arbitrator for deciding the dispute between the parties? Held that:- Appeal allowed. Set aside the impugned order and remand the case back to the High Court for fresh decision of the application under Section 11(6) of the Act and while considering the application afresh, the High Court is directed to take into consideration the aforesaid decision of this Court as the High Court did not appear to have focused on the requirement to have due regard to the qualifications required by the agreement or other conditions necessary to secure the appointment of an independent and impartial arbitrator. Since the requirement of sub-section (8) of Section 11 was not at all dealt with by the High Court in its order, the appointment of an arbitrator without dealing with Sub-Section 8 of Section 11 of the Act became vulnerable and accordingly, such appointment must be set aside
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