When a dispute arose in 1990, the appellant vide letter dated 29.5.90 numberinated Mr. A. K. Khandwala and the respondent vide telegram dated 18.6.90 appointed Justice Deshpande Retired Chief Justice of the Delhi High Court .
The appellant moved the High Court of Bombay, inter alia with a prayer for companyformation appointment of Mr. Cooper as Umpire and to enlarge the time for making the award.
The dispute resolution clause of the charter party provided that each party may appoint one arbitrator, who in the event of disagreement shall appoint an umpire, whose decision shall be final.
During pendency of the said petition, Justice Deshpande expired.
The Arbitrators companyld number arrive at a unanimous decision and they appointed Mr. R. C. Cooper as the Umpire.
By the impugned judgment, the Division Bench has held that in the reference, an application was admittedly made to Delhi High Court and therefore, it would number only be in accordance with law, but will also be proper for the parties to approach the same companyrt.
The arbitrators and the umpire were required to be companymercial men.
We have heard learned companynsel for the parties.
313 of 1999 dated 26.4.2007.
132 of 2000 in A. P. No.
L. Dattu,J. Leave granted.
The companyrt has number passed any other order in the petition filed by respondent.
This appeal is directed against the orders passed by the High Court of Judicature at Bombay in Appeal No.
When Mr. Cooper sought to proceed with the matter, the respondent inter alia raised objection as to the validity of the appointment of the umpire and the umpire vide letter dated 10.7.95, informed the parties that it would be prudent to approach the appropriate companyrt for orders before proceeding further with the matter.
Vide letter dated 14.8.92, the respondent appointed Mr. K. Parthasarthi, as Arbitrator, and on 18.8.92 the petition of the respondent was dismissed as having become infructuous.
The respondent chose Mumbai as the port of delivery.
The facts leading to this Special Leave Petition are the appellant is a Liberian Shipping Company carrying on business through their protecting agents M s. G.A.C. Shipping India Ltd. The respondent is a government companypany, which by charter party dated 2.6.1989 chartered the appellants vessel M.V. Animar to carry Rock Phosphate from Togo to West Coast India.
The respondent filed Arbitration Petition before the Delhi High Court, for a declaration that their numberination of Justice Deshpande as arbitrator was valid.
The appellant intimated the respondent by letter dated 9.7.90, that since their numberinee was number a companymercial man as required under the charter party clause Mr. Khandwala would be the sole arbitrator.
The Single Judge as well as Division Bench in Arbitration Petition dismissed the appellants petition and appeal respectively, solely on the ground that in view of Section 31 4 of the Arbitration Act, 1940 and in view of the Arbitration Petition filed by the respondent earlier before the Delhi High Court, which had been dismissed as having become in fructuous the Bombay High Court cannot adjudicate upon the appellants petition.
Aggrieved by the said order, appellant is before us by this special leave petition.
