Hence A filed a petition under Section 11 (6) of Arbitration and Conciliation Act, 1996 in Madras High Court for appointment of an arbitrator. But it also included C as a party despite C not being a signatory to the arbitration agreement.
For having an effective and timely adjudication of the dispute, you should in the beginning itself, execute an agreement with the Contractor. In this agreement you should include an Arbitration Clause which will state that if there is any dispute between you and the contractor then both of you will approach an arbitrator, who will decide the dispute in an impartial manner.
The advantage of taking a preliminary objection is that rather than taking the pain of dealing with the whole case, which in India takes several years to be decided, the party can it get it dismissed within months.
