N. S. Associates Pvt. Ltd v. Institute of Charted Accountants of India
2021-12-02
VINIT KUMAR MATHUR
body2021
DigiLaw.ai
JUDGMENT Vinit Kumar Mathur, J. - The present application has been filed by the applicant under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of the Arbitrator to resolve the dispute which has arisen between the applicant and non-applicant/respondent. 2. The notices were issued by this Court and the same are served on the non-applicant/respondent. 3. Heard the learned counsel for the parties and perused the material available on record. 4. Reply has been filed. 5. The parties entered into a contract agreement on 04/12/2013 and as per the contract agreement, there is an arbitration clause enumerated in para 33.0, which reads as under :- "33.0 Arbitration Clause: All disputes and differences of any kind whatsoever arising out of or in connection with the contract or carrying out the works whether during the progress of the work or after their completion and whether before or after the determination, abandonment of or breach of contract shall be referred for arbitration. Each party shall nominate one arbitrator and the two nominated arbitrators shall nominate an umpire. In case of difference between the two arbitrators, the matter shall be referred to the umpire for resolution. The seat of arbitration shall be at Bikaner. The award of the arbitrator shall be final and binding. The language of arbitration proceedings shall be English. The provisions of Indian Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and all the rules made there under for the time being in force shall apply to the arbitration proceedings under this clause." 6. Learned counsel for the parties does not dispute the fact of an arbitration clause and the dispute which has arisen between the parties. 7. According to the provisions contained in Section 11 (6A) of the Arbitration and Conciliation Act, while considering any application under sub-section (4), (5) & (6), the Court is only required to examine the existence of an arbitration agreement. As the existence of arbitration agreement is not in dispute, the application filed by the applicant deserves to be accepted. 8. In the circumstances, the arbitration application is allowed. Hon?ble Mr.
As the existence of arbitration agreement is not in dispute, the application filed by the applicant deserves to be accepted. 8. In the circumstances, the arbitration application is allowed. Hon?ble Mr. Justice Manak Mohta (Retired Justice of Rajasthan High Court) is appointed as a sole Arbitrator to adjudicate upon the dispute between the parties in terms of arbitration agreement and as per the Rajasthan Manual of Procedure for Alternative Dispute Resolution, 2009, as amended up to date and also as per the provisions of Arbitration and Conciliation Act. 9. The record of the case may be transmitted to the Hon?ble Mr. Justice Manak Mohta (Retd). 10. The above appointment is subject to the necessary disclosure under Section 12 of the Act. 11. Needles to say that the fee of the Arbitrator will be paid as per the Fourth Schedule of the Arbitration and Conciliation Act and the Arbitrator will consider all the jurisdictional objections while adjudicating the disputes between the parties. 12. The parties shall appear before the Arbitrator on or before 20/12/2021.