I want an opinion from all my friends on the section 26 and section 09 of the Arbitration Act.
We moved an applicationU/s 26 of Arb. Act 1996 in the mid of cross examination of respondent's first witness and request from the sole arbitrator for appointment of an independent expert to bring the facts about the machinery (CRANE) (which maker and capacity is in dispute between the parties since beginning) and this would prove that the machinery supplied by petitioner is not as per the contract issued by respondent. The reason behind this was: Manufacturer, design and sell the product with differrent model with differrent capacity , machine is having engine number, chasis number and inspection of the machine can ascertain about manufacturer, chasis number, engine number which can cross verify with manufacturer for the capacity of the machine. The Hon'ble arbitrator dismiss our application on the ground of
- Machines specification and particularly capacity can not be identified being the reason of old or wear and tear.
- Because the machines look alike.
- This inspection would not help the arbitrator to decide the dispute.
Now We want to challenge this order please suggest how..? Can we go under section 09 which says that "during arbitration proceedings a party can move to court for (c)..........................authorising any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;
Your suggestions will be valuable to us.
Thanks in advance.