M/s B.C.H. Electric Limited vs Unit Head, Bharat Heavy Electricals Ltd.

Vipin Sanghi, CJ

The applicant has preferred the present Application, under Section 11(6) of the Arbitration and Conciliation Act, 1996, to seek appointment of a sole Arbitrator in terms of clause 16 of the agreement entered into between the parties, which is contained in the purchase order dated 29.07.2019, to adjudicate the disputes, which have arisen between the parties in terms of the agreement.

The respondent does not dispute the fact that the parties entered into an agreement, as contained in the purchase order, which contains an arbitration agreement. The respondent also does not dispute the fact that the applicant has raised disputes. However, the case of the respondent is that the disputes/claims raised by the applicant are not arbitrable.

This objection squarely falls for consideration by the Arbitrator, and the said dispute cannot be determined in these proceedings.

In the light of the aforesaid and considering the fact that the applicant invoked the arbitration agreement as early as on 31.05.2022, and despite the said invocation, the Arbitral Tribunal has not been constituted, I allow the present application.

Learned counsels state that looking to the quantum and the nature of claim, a practicing advocate may be appointed as an Arbitrator.

Accordingly, I appoint Mr. Abhijay Negi, Advocate, R/o 99 Dangwal Road, Neshvilla Road, Dehradun (Mobile No.9680007198), to act as a sole Arbitrator to adjudicate all claims/ counter-claims and dispute between the parties, under the aforesaid Agreement.