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2012 (5) TMI 102 - BOMBAY HIGH COURTRejection of arbitration application - In the consent Minutes of the Order, parties have agreed to refer disputes to arbitration - Held that:- There was an agreement between the parties that the award would have to be delivered within six months, a period which came to an end on 7 September 2010, the mandate of the Arbitrator stood terminated, that however, does not preclude the Applicant from seeking recourse to its remedies under Section 11 of the Arbitration and Conciliation Act, 1996 - it is not a case where parties have agreed to a situation where there would be an arbitration only before a named individual or that in his absence there would be no arbitration at all - upon the termination of the mandate of the Arbitrator, the jurisdiction of the Court to make a fresh appointment can be invoked - in favour of assessee.
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