--Application to file in Court arbitration agreement---Provisions implied in arbitration agreement--- Appointment of arbitrator----Consent of parties--

 2020 CLC 106

Ss. 20, 3, 8 & First Sched.----Application to file in Court arbitration agreement---Provisions implied in arbitration agreement--- Appointment of arbitrator----Consent of parties---Sections 20 and 8 of the Arbitration Act, 1940---Nature and scope---Petitioner company impugned order of Trial Court whereby, upon respondent company's application under S.20 of the Arbitration Act, 1940; an arbitrator nominated by respondent was appointed without the consent of the petitioner --- Validity---Under the provisions of Arbitration Act, 1940 it was apparent that consent of parties was sine qua non for appointment of arbitrator and upon any dissent shown by a party, the same would result in a particular arbitrator not being appointed --- Jurisdiction of Trial Court after an application under S. 20 of the Arbitration Act, 1940 was to move, did not allow it to unilaterally appoint a sole arbitrator proposed by one party that was not acceptable to the other party---Provisions of S.8 of the Arbitration Act, 1940 were not applicable to the present case and said provision was separate and distinct from S.20(4) of the Arbitration Act, 1940 and there was no embargo on appointment of more than one arbitrators---Impugned order was therefore made while exercising jurisdiction not vested in Trial Court, and was set aside---High Court remanded matter to Trial Court with direction to appoint arbitrator with consent of parties and expertise --- Revision was allowed, accordingly.