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2014 (3) TMI 225 - SUPREME COURTJurisdiction of arbitrator - respondent has submitted that the appellant having participated in the proceedings before the learned arbitrator without any demur or objection cannot now be permitted to raise the objection with regard to the jurisdiction of the arbitrator at this belated stage - appellant terminated the contract on the ground of delay on commencement of the work and subsequently executed the work which was of inferior quality - Held that:- Pursuant to section 4 of the Arbitration and Conciliation Act, 1996, a party which knows that a requirement under the arbitration agreement has not been complied with and still proceeds with the arbitration without raising an objection, as soon as possible, waives their right to object. High Court had appointed an arbitrator - If further objections were to be made after this order, they should have been made prior to the first arbitration hearing. But the appellants had not raised any such objections. The appellants therefore had clearly failed to meet the stated requirement to object to arbitration without delay. As such their right to object is deemed to be waived. - appeal dismissed.
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