1 let its vessel MV Ocean Knight to the appellant for carriage of a cargo of Rock Phosphate in bulk.
2 as its arbitrator.
It is an admitted position that the time for giving the award by the arbitrators was up to March 31, 1993.
The appellant companytested the above petition filed by the respondent No.
Clause 56 of the Charter Party which companytains arbitration clause, reads as follows bClause 56 All disputes arising under this Charter shall be settled in India in accordance with the provisions of the Arbitration Act, 1940 in India, each party appointing an Arbitrator from out of the panel of Arbitrators maintained by the Indian Council of Arbitration, New Delhi and the two Arbitrators appointing an Umpire whose decision, in the event of disagreement between the Arbitrators, shall be final and binding upon both parties hereto.
On August 14, 1989, the appellant appointed Captain D.K. Verma respondent No.
The disputes arose between the parties in respect of demurrage charges.
Despite service of numberice, the respondent No.
1 and raised diverse pleas in opposition thereto.
By the impugned order, the Single Judge revoked the authority of both the arbitrators and appointed a former Judge of that Court Justice Usha Mehra retired as the sole arbitrator.
1 has number chosen to appear.
1 filed a statement of claim claiming US 1,12,136.28 along with interest 18 p.a.
1 was dismissed in default but later on, it was restored.
3 Captain D.K. Verma as companyarbitrator and for declaration that respondent No.
On July 3, 1999, the respondent No.
2 b K.P. Patel was the sole arbitrator for deciding the disputes between the appellant and respondent No.
1 filed a Petition application under Sections 5,11 and 12 of the 1940 Act seeking removal of respondent No.
1 by filing an affidavit in reply.
It appears that the draft of the award was prepared by one of the arbitrators and sent to the other but for want of companysensus, the award companyld number be given by them.
3 as companyarbitrator and for appointment of a new arbitrator in his place.
1 and in the alternative revoking the authority of respondent No.
The Arbitrators and the Umpire shall be companymercial men.b The respondent No.1 invoked the above arbitration clause and vide its letter dated May 30, 1989 companymunicated the appointment of Shri K.P. Patel respondent No.
April 1, 1993.
On October 13, 1989, the respondent No.
On November 26, 2001, the petition filed by the respondent No.
Inter alia an objection was raised by the appellant that the petition was beyond the prescribed period of limitation and, was liable to be dismissed on that ground alone.
The appellant traversed the claim of respondent No.
The two arbitrators companycluded the hearing on May 12, 1992.
The above arbitrators jointly appointed Shri R.S. Cooper as the Umpire.
M. LODHA,J. The present appeal by special leave arises from the order dated February 4, 2005 passed by the Delhi High Court whereby the Single Judge of that companyrt allowed the petition filed by the present respondent No.1 under Sections 5,11 and 12 of the Arbitration Act, 1940 for short bthe 1940 Actb and appointed a former Judge of that Court Justice Usha Mehra retired as a sole arbitrator to decide the disputes between the appellant and respondent No.1.
Bereft of unnecessary details, suffice it to numberice for the purposes of the present appeal that by a Charter Party dated October 14, 1987, the respondent No.
