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Judgment
Sanjay Kishan Kaul, C.J.—The petition u/s 11(6) of the Arbitration and Conciliation Act, 1996 has been filed seeking resolution of disputes arising from the arbitration clause contained in the agreement dated 28.03.2008 qua construction of six link roads in District Ambala. Arbitration clause 25A stipulates that the arbitrator has to be appointed by the Chief Administrator of the respondent/board. The request for arbitration was made vide letter dated 23.01.2013 and again vide letter dated 01.02.2013, but to no avail, which resulted in filing of the present petition.
Learned counsel for respondent No. 1/board states that the designated authority has appointed the arbitrator on 25.06.2013.
The fact, however, remains that on invocation, no arbitrator was appointed nor was appointment made till the filing of the petition and issuance of the notice on 10.05.2013. The respondents were served on 27.05.2013 and 29.05.2013 and on the last date of hearing none appeared for the respondents, but still three weeks'' time was granted to file a reply. No reply has been filed and now further time is sought which is declined.
In my view, the controversy is in a limited compass that respondent No. 1/board having failed to appoint an arbitrator after having been called upon to do so and even the petition being filed before this Court and having been served have lost their right to appoint an arbitrator in view of the judgments of the Hon''ble Supreme Court in Datar Switchgears Ltd. Vs. Tata Finance Ltd. and Another, and Union of India (UOI) and Another Vs. V.S. Engineering (P) Ltd.,
In view of the aforesaid, Mr. Justice N.K. Sud (Retired), H. No. 1211, Sector 8-B, Chandigarh is appointed as the sole arbitrator to enter upon reference and adjudicate the disputes inter se the parties. The arbitration will take place at Panchkula, as agreed.
The fee of the arbitrator shall be as per the Punjab and Haryana High Court (Arbitrator''s Panel and Fee) Rules, 2011.
The petition accordingly stands disposed of. A copy of the order be sent to the arbitrator.