1. Notice returnable on 25.7.2012.
2. Mr. Mehta, learned advocate for the petitioner has submitted that though the petitioner has already raised objection as to the jurisdiction of learned Arbitrator the proceedings before learned Arbitrator are scheduled to take place on 30.6.2012. He also submitted that any proceeding under Section 11 of the Act has not been taken out and learned Arbitrator has usurped jurisdiction at the instance of and on unilateral action of respondent No.1, which is contrary to the Arbitration Clause / Agreement.
3. In view of the circumstances which have been pleaded by the petitioner, permission is granted to the petitioner to submit an application to learned Arbitrator on the next date of hearing informing the learned Arbitrator about the proceeding of present petition and request learned Arbitrator to adjourn the proceeding in view of the pendency of present petition and leaned Arbitrator will consider the said application and pass necessary and appropriate order. Direct service is permitted.
(K.M.THAKER,J.) Suresh* Top