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Judgment
M.S. Ramachandra Rao, CJ
1.This application is filed under Section 11 of the Arbitration and Conciliation Act seeking appointment of an Arbitrator.
In this application, notice was issued to the respondents through dasti and the respondents have declined to receive the said notices, so they are deemed to have been served.
Annexure P-1 is an Agreement for management of a hotel between the applicant and the respondents.
According to the applicant, the duration of the Agreement is five years and Clause 18 of the Agreement deals with regard to dispute resolution.
According to the applicant, the respondents owe Rs. 60,67,707/- to it and notices were issued from time to time including the final notice dt.28.07.2022 in which demand for appointment of an Arbitrator was also made.
The respondents did not respond to the same, so the applicant had to file the instant application.
Since there is a contractual relationship between the applicant and the respondents, and since dispute exists between them which requires adjudication, and since demand notice was given by the applicant to the respondents on 28.07.2022 for appointment of an Arbitrator which has not been responded to by the respondents, this application is allowed and Mr. Prem Pal Ranta, District & Sessions Judge (Retd.), is appointed as an Arbitrator to resolve the dispute between the parties, after his disclosure in writing is obtained in terms of Section 11(8) of the Act, and only after receipt thereof, shall his appointment, as an Arbitrator, come into force.
On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Shri Prem Pal Ranta, District & Sessions Judge (Retd.), R/o Set No. 12, Type-V, Officers Colony, Kasumpti, Shimla-171009 shall enter into reference, and shall pass an award in accordance with law.
Copy of this order be forwarded to the learned Counsel for the parties as also to the learned Arbitrator. The learned Arbitrator so appointed shall be entitled to fee as per stipulation contained in 4th Schedule appended to the Arbitration and Conciliation Act, 1996.
The application is disposed of accordingly alongwith pending application(s), if any.