Raj Kumar vs Trident Power System Limited and Another

Rajiv Sharma, J.—This petition has been filed under sub-section (6) of section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator in terms of clause No. 8 of letter of intent dated 22.2.2008 and clause 25 of the tender document issued by the respondent company. Applicant sent communication to the respondents on 3.4.2013 for appointment of Arbitrator. No Arbitrator has been appointed as per clause No. 8 contained in letter of intent dated 22.2.2008 and clause 25 of the tender document. The dispute has arisen between the parties. Accordingly, I am satisfied that all the requirements of the Arbitration and Conciliation Act, 1996 have been fulfilled by the applicant and the Sole Arbitrator is required to be appointed to resolve all the disputes which have arisen between the parties.

The dispute has arisen between the parties with regard to payment of Rs. 3,80,00,000/-. The applicant has issued legal notice to the respondents for appointment of an Arbitrator as per clause 8 contained in letter of intend dated 22.2.2008 and clause 25 of the tender document. However, no reply has been received by the applicant.

Accordingly, with the consent of the parties, Mr. Rajiv Jiwan, Advocate is appointed as Arbitrator and Ms. Ambika Kotwal, Advocate will assist the Arbitrator. The Arbitrator is directed to enter into reference within a period of two weeks from the date of receipt of the copy of the order. Thereafter, the applicant is directed to file claim petition within a period of three weeks. Reply be filed by the respondents within further period of three weeks. The pleadings, including, rejoinder and counterclaim, shall also be completed by the parties within a period of eight weeks after entering into reference by the Arbitrator. It shall be open to the Arbitrator to determine his own procedure with the consent of the parties. It shall also be open to the Arbitrator to fix his fee alongwith the fee of assisting Arbitrator. The award shall be made strictly as per the provisions of the Arbitration and Conciliation Act, 1996 within six months. Needless to add that the Arbitrator shall pass a speaking order. The Registry of this Court is directed to immediately inform the Arbitrator about the passing of the order by sending a copy of this order to him. In view of this, the petition stands disposed of. Pending application, if any, also stands disposed of. No costs.