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Judgment
A. K. Menon, J
This is an application under Section 11(5) of the Arbitration and Conciliation Act 1996. On 9.2.2022 notice for final disposal has been issued and respondent is stated to have been served. None appears for the respondent on call. Matter is therefore taken up for final disposal.
The learned Counsel for the applicant pointed out that the parties under leave and licence agreement dated 1.8.2020 have agreed to refer the disputes to arbitration. My attention is invited to clause 21 of the said agreement. It is submitted that notice invoking the arbitration clause was issued on 20.11.2021 and that the notice was duly served on 13.12.2021. The learned Counsel for the applicant relied on Exh. C which is a postal tracking report evidencing delivery of the notice. She submits that in view of the invocation and service of notice a Sole Arbitrator be appointed as contemplated in clause 21.
The respondent is absent on call although it is served. Thrre is no reply to the notice invoking the arbitration agreement. Having heard the learned counsel for the applicant and having perused the application and annexures thereto, I find that there is no challenge to the existence of the agreement and that arbitration clause and hence, I am of the opinion that a sole arbitrator is required to be appointed. Accordingly, I pass the following order:-
(i) Advocate Ms. S. Linhares, is appointed as the Sole Arbitrator to adjudicate the dispute between the parties.
(ii) The learned Arbitrator is required to hold a preliminary meeting at the earliest as per her convenience.
(iii) The learned Arbitrator shall file her disclosure statement under Section 11(8) and Section 12(1) of the Act, within a period of four weeks from today with the Registrar(Judicial) and provide copies to the parties.
(iv) Fees payable to the Sole Arbitrator will be in accordance with the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018
(v) Application stands disposed of.