Mecon Limited Thorugh Its General Manager I/C Contracts Sri Satish Kumar Gupta v. J. B. R. Technologies Limited
2025-04-11
SUJIT NARAYAN PRASAD
body2025
DigiLaw.ai
JUDGMENT : SUJIT NARAYAN PRASAD, J. 1. The instant application, under Section 11(6) of the Arbitration & Conciliation Act, 1996, [hereinafter referred to as Act, 1996] has been filed seeking a direction for appointment of sole Arbitrator for resolution of dispute in view of arbitration clause as contained under Clause 51 of the Work Order dated17.12.2021. 2. The subject matter of instant petition is that the work order dated 17.12.2021 was issued in favour of respondent which contains Arbitration Clause as under Clause 51 thereof for resolution of dispute through arbitration. 3. Mr. Amit Kumar Das, learned counsel for the petitioner has submitted for the purpose of resolution of dispute the efforts having been taken for conciliation as under Section 21 of the Act, 1996 for appointment of arbitrator coupled with the fact that the petitioner has given suggestion of the name of arbitrator but the respondent did not agree with the said names rather the respondent has come with other names of arbitrator on which the petitioner is not agreeable. 4. However, learned counsel appearing for both the parties have submitted that in the identical nature of contract, Hon’ble Mr. Jutice Tapan Sen [Former Judge of this Court] has been appointed as Arbitrator and as such in order to avoid the conflicting decision, it would be just and proper to appoint Mr. Tapan Sen [former judgment of this Court] as an Arbitrator. 5. In view of submissions advanced by learned counsel for the parties, this Arbitration Application stands disposed of by appointing Hon’ble Mr. Justice Tapan Sen, Former Judge, High Court of Jharkhand, residing at Flat No. 3903, Block-C, Sriram Garden, Opp. Reliance Mart, Kanke Road, Ranchi, as Arbitrator for resolution of dispute. 6. Needless to say that the parties will be at liberty to raise all the legal issues for its consideration before the learned Arbitrator, in accordance with law. 7. Learned Registrar General of this Court is directed to send a copy of the entire records of this case along with entire order sheet with this order to the learned Arbitrator forthwith. 8. The instant arbitration application is allowed and accordingly, disposed of.