K SUBBARAMAIAH Vs. K DHANAKUMAR

JUDGEMENT

(1.) APPOINTMENT of the Arbitrator by the High Court under Section 6, 7 of the Arbitration Act, 1996 is challenged in this writ petition.

(2.) THIS Court, by order dated 29.01.2005, appointed an Arbitrator in O.P.No.730 of 2002. The said order is challenged in this writ petition on the ground that already the petitioner herein has filed a suit in O.S.No.7 of 2003 before the Additional District Judge, Nellore, the first respondent herein filed a written statement wherein he has not canvassed the jurisdiction of the Arbitrator, hence, it is not open to him to seek remedy under Section 11 of the Act without considering all these facts and this Court allowed the said O.P. and appointed an Arbitrator.