Second arbitration application not maintainable when order of arbitrator terminating arbitral proceedings was not challenged

Vimlesh Bansal Vs Ashok Kumar (Rajasthan High Court) The legal maxim ‘Vigilantibus Non Dormientibus Jura Subveniunt’ literally translates to ‘the law assists only those who are vigilant and not those who sleep over their rights’. The said legal maxim applies squarely to the present case where applicants did not take recourse of law available to them when the arbitrator terminated the proceedings on 29.11.2016 and have now preferred a second application under Section 11(5) of the Act, that too with inordinate delay and laches. Thus, this Court is of the considered view that once an appl...