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Judgment
8 paragraphs · 356 wordsRamesh Ranganathan, CJ
This application is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short the "1996 Act") by the applicants who are parties to the agreement dated 17.02.2015. Clause 19 of the said agreement reads as under :
"Any litigation that may arise in any way in connection with this work between the contractor and the owner shall be decided only by arbitration and not by having a recourse to any court law. The Arbitrator will be......... AT ROORKEE ONLY, and his decision will be final and must be accepted by both parties."
The applicants' contention is that, despite intimating the respondent regarding appointment of an Arbitrator to resolve their disputes, the respondent not only failed to heed to their request, but did not also respond thereto.
It is unnecessary for this Court to dwell any further on this issue since the only question which this Court is required to examine, in an application filed under Section 11(6) of the 1996 Act, is whether or not there exists an arbitration agreement. [Section 11(6A) of the Arbitration and Conciliation Act]. It is not in dispute that an arbitration agreement, for resolution of the disputes between the parties to this application, does exist.
I asked both Mr. Siddhartha Singh, learned counsel for the applicants and Ms. Vandana Singh, learned counsel for the respondent, to suggest a common name for appointment as an Arbitrator. Both of them agree that Mr. Anupam Nayak, Architect Engineer, residing at 7-Bhagirathe Kunj, Station Road, Roorkee-247667, be appointed as an Arbitrator.
The learned Arbitrator shall, in terms of Section 11(8) of the 1996 Act, furnish his disclosure in writing to this Court within 15 days from the date of receipt of a certified copy of this order. He shall, thereafter, fix his remuneration, and charges towards other expenses, in consultation with the parties to the dispute. He shall endeavour to complete the arbitral proceedings, and to pass an award with utmost expedition, preferably within six months from the date on which he enters upon a reference.
The Arbitration Application is, accordingly, disposed of.