Punjab State Industrial Development Corporation Ltd. vs Virsa Singh Sidhu

Hemant Gupta, J.—CM No7. 16557-CII of 2011

Application is allowed. Filing of certified copy of Annexure R-1 to R-3 is dispensed with.

CM No. 16558-CII of 2011

Application is allowed. Reply on behalf of Respondent is taken on record.

Arb. Case No. 64 of 2006

This Court passed an order dated 18.1.2010, whereby Respondent was directed to appoint his arbitrator not later than 28.2.2010. The parties were to appear before the Arbitral Tribunal on 15.3.2010.

In terms of the said order, Respondent appointed an arbitrator.

Arb. Case No. 64 of 2006 -2-The arbitrator appointed by the Petitioner as well as the arbitrator nominated by the Respondent conducted proceedings on 15.3.2010. In such proceedings Respondent sought time for appointment of the third arbitrator in terms of the agreement and orders of this Court.

Learned arbitrators could not conduct proceedings on 5.4.2010 on account of the death of the father of the arbitrator nominated by Respondent. Admittedly, thereafter, both the arbitrators have not met for appointment of the the third arbitrator. In view of the said fact, Petitioner has invoked the jurisdiction of this Court in terms of the Order of this Court dated 18.1.2010 for appointment of the Presiding Arbitrator.

Learned Counsel for Respondent stated that he has no objection if the Presiding Arbitrator is appointed by this Court and that in case any of the arbitrator appointed by the parties failed to participate and conduct proceedings, it shall be open to the Presiding Arbitrator to proceed with the resolution of disputes and and announce arbitral Award.

Keeping in view the facts and circumstances of the case and the fact that the arbitrator nominated by the parties have failed to reach at any consensus to appoint the Presiding Arbitrator, therefore, in terms of Section 11(6) of the Arbitration and Conciliation Act, 1996 Hon''ble Mr. Justice N.K. Kapur (Retd.) resident of H. No. 407, Sector 6, Panchkula is appointed as a Presiding Arbitrator. Such arbitrator shall be entitled to fee in the consultation with the parties.

It is further clarified that in case any of the arbitrators nominated by the parties do not participate in the arbitration proceedings, it Arb. Case No. 64 of 2006 -3 shall be open to the third arbitrator appointed by this Court to proceed with the arbitration proceedings and conclude the same by announcing arbitral Award in accordance with law.