As managing director of a company would be ineligible for being appointed as an arbitrator in view of Section 12(5) read with paragraph 5 in Fifth Schedule to Act, he would be ineligible to nominate a sole arbitrator.
Dispute arising under agreement is arbitrable - Parties bound by arbitration clause - Independent arbitrator appointed to resolve claims and defences - Application allowed.
Courts may restrain bank guarantee encashment only in cases of egregious fraud or irretrievable injustice and interim protection may be granted to preserve pending section 9 proceedings.
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