SAURABH SHYAM SHAMSHERY,J. - (1.) Heard Shri. Sudhir Dixit, learned counsel for the applicant and Shri.Navaneet Chandra Tripathi for the respondents.Perused the record.
(2.) In the present case, subsequent of filing an application for appointment of arbitrator before this court, the respondents have proposed arbitral panel on 24.2.2020 by taking a reference of letter dated 17.2.2020 written by the applicant.
(3.) Learned counsel for the applicant submits that once an application for appointment of independent arbitrator is preferred before this Court, the respondents are barred from appointing arbitral panel as per the conditions of agreement and he has relied upon paragraphs no.28,29 and 30 of the judgment passed by the Supreme Court in the case of Central Organisation for Railway Electrification Vs.ECI-SPIC-SMO-MCML (JV) A Joint Venture Company, 2019 SCC Online SC 1635.;