San-A Tradubg Co. Ltd vs I.C. Textiles Ltd

The Supreme Court, while adjudicating Arbitration Application No. 8 of 2005 and No. 9 of 2005 under Section 11(6)(c) of the Arbitration and Conciliation Act, 1996, held that the inability of the nominated arbitrator, Mr. Manabu Nonoguchi, to act necessitated the appointment of a new arbitrator to resolve disputes arising from a hire purchase agreement. The Court emphasized that the disputes were arbitrable and that the title of the machinery remained with the applicant until full payment was made. Consequently, the Court appointed a suitable arbitrator to oversee the arbitration proceedings.