Union Of India Through Chief Engineer, Bareilly Zone v. S And S Construction Co.
2022-12-16
VIPIN SANGHI
body2022
DigiLaw.ai
JUDGMENT Vipin Sanghi, CJ. - The applicant has preferred the present application under Section 11(6) of the Arbitration and Conciliation Act to seek the appointment of an Arbitrator in terms of Para 7(b) on page 112 of the Contract Agreement dated 20.05.2011 read with Condition No. 70 of IAFW-2249 of General Condition of Contract. 2. The parties had entered in the aforesaid Contract Agreement, which contains the Arbitration Agreement in Clause 70. Copy of said Clause has been filed along with the application. Copy of Clause 7(b) referred to above has also been placed on record. 3. The applicant invoked the Arbitration Agreement on 03.06.2020. The applicant suggested names of prospective Arbitrators, one of whom could be appointed as an Arbitrator. The respondent has, however, not responded to the said notice. Consequently, this application has been preferred. 4. The respondent has filed its reply. In the reply the respondent does not dispute the factum of the parties entering into the aforesaid Agreement, which contains an Arbitration Agreement. The respondent has suggested the names of a few persons, one of whom could be appointed as the sole Arbitrator, while stating that a serving officer may not be appointed. 5. Consequently, the respondent does not dispute the fact that the parties entered into an Agreement in relation to which disputes have arisen, and which are referable to arbitration of a sole Arbitrator. 6. Accordingly, I allow this application, and appoint Mrs. Meena Tiwari, retired District Judge, R/o Co-operative Tribunal Building, Lane No. 1C, Shastri Nagar, Dehradun - 248 001, as a sole Arbitrator to adjudicate the disputes between the parties arising out of the aforesaid Agreement. 7. Arbitration Application stands disposed of, accordingly.