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2023 DIGILAW 188 (UTT)

Balram Singh v. Bharat Sanchar Nigam Limited

2023-02-17

VIPIN SANGHI

body2023
JUDGMENT : Despite service, none appears for the respondents. No reply has been filed. Accordingly, I proceed to dispose of the present Arbitration Application. 2. The applicant has preferred the present Arbitration Application, under Section 11(6) of the Arbitration and Conciliation Act, 1996 (the Act), to seek appointment of a sole arbitrator to adjudicate the disputes which have arisen between the applicant on the one hand, and the respondents on the other under their agreement dated 05.04.2008. 3. The case of the applicant is that the parties entered into Agreement No. GMTD/DN/Plg/Tender/UGC/2007-08/49 dated 05.04.2008, for laying of underground cable construction and Mtce. work in Dehradun SSA. The period stipulated in the agreement for completion of the work was between 05.04.2008 to 04.04.2009, and the consideration payable under the agreement was Rs. 36 Lakhs. 4. It appears that disputes arose between the parties, and the applicant preferred a Writ Petition before this Court, which was dismissed by the learned Single Judge, since the applicant had an efficacious alternate remedy by way of arbitration. The applicant was not satisfied with the judgment passed by the learned Single Judge in Writ Petition (M/S) No. 2891 of 2019, and preferred Special Appeal No. 321 of 2020. The said Special Appeal was also dismissed on 29.12.2020, leaving it open to the applicant to invoke the arbitration clause. 5. The agreement entered into between the parties contains an arbitration clause in Clause 17. The applicant invoked the arbitration clause on 31.08.2022, while issuing a notice under Section 80 CPC. However, no arbitrator has been appointed mutually by the parties and, consequently, this application has been preferred. 6. Since, there is no contest to this Arbitration Application, I am inclined to allow this application. Accordingly, I appoint Mr. Justice S.P. Garg, Retd. Judge, Delhi High Court, having Mobile No. – 9910384627, to act as the sole Arbitrator. All issues are left open to be decided by the learned Arbitrator, including the issue of mediation, if any. 7. The present Arbitration Application stands disposed of in the aforesaid terms.