Ramphal vs Shriram Transport Finance Company Ltd. And Others

Ravi Malimath, J

The petitioner is before this Court, in this petition under Section 11 of the Arbitration and Conciliation Act, 1996 (for short “the Actâ€), seeking

appointment of a sole Arbitrator to resolve the disputes that have arisen between the parties.

Learned counsel for the petitioner contends that an agreement was executed between the petitioner and the respondents on 15.05.2015. In respect

of the said Agreement, certain disputes have arisen between the parties and as such the petitioner claims that the sole Arbitrator be appointed to

resolve the disputes that have arisen between the parties. In that regard, Clause 15 of the Agreement dated 15.05.2015, which relates to arbitration, is

referred to by the learned counsel for the petitioner. The said clause provides for settlement of disputes through an Arbitrator. Clause 15 of the

Agreement reads as under :-

ARBITRATION

All disputes difference and / or claims out of these present or as to the construction, meaning or effect here of or as to the right and liabilities

of the parties hereunder shall be settled by arbitration to be held in DEHRADUN in accordance with the provisions of the arbitration and

conciliation act, 1996 or any statutory amendments there of or any statute enacted for replacement of thereof and shall be referred to the

sole arbitration of a person to be nominated / appointed by shriram. In the event of death, refusal, neglect, inability or incapability of the

persons so appointed to act as an arbitrator, Shriram may appoint a new arbitrator. The award including the interim award/s of the

arbitrator shall be final and binding on all parties concerned. The arbitrator may lay down from time to the procedure to be followed by him

in conducting arbitration proceedings in such manner as he considers appropriate. Any proceedings to be initiated in any court of law in

pursuance of this arbitration shall be instituted and held in the court at DEHRADUN only.

There is no dispute as regards the existence of an Arbitration clause in the Agreement dated 15.05.2015.

Having considered the availability of the arbitrators, I’ am of the considered view that an arbitrator is required to be appointed. Under these

circumstances, I appoint Shri V.K. Maheswari, retired District Judge, R/o 252/2, Guru Nanak Road, Subhash Nagar, Dehradun, to act as the sole

Arbitrator, 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 disputes between the parties, Shri V.K. Maheswari, retired District Judge, R/o 252/2, Guru Nanak Road,

Subhash Nagar, Dehradun, shall enter reference, and shall pass an award in accordance with law. The learned Arbitrator shall fix his fees in

consultation with both the parties.

The arbitration application is disposed-off accordingly.