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Judgment
Surjit Singh, J.—Heard and gone through the record.
Admitted facts are that the Petitioner had been awarded work of floating timber, by the Respondents, by means of agreement Annexure C-1. Agreement contains an arbitration clause, for referring the disputes, arising between the parties, to an Arbitrator to be appointed by the Managing Director of the Respondents-Corporation.
A dispute arose between the parties. Petitioner approached the Managing Director of the Corporation, in accordance with the arbitration clause in the agreement, for appointment of Arbitrator, vide communication dated 26th October, 2010, copy Annexure C-2. When Arbitrator was not appointed, within thirty days, the present petition was filed, for appointment of Arbitrator.
Respondents do not deny in their reply that a dispute has arisen. Their plea is that they had themselves approached the Managing Director, for appointment of Arbitrator, but when the said Managing Director was in the process of appointing some Arbitrator, the Petitioner filed the present petition.
Present petition was filed after expiry of thirty days, the period stipulated in Section 11 of the Arbitration and Conciliation Act, for appointment of Arbitrator, by the named person. Arbitrator was required to be appointed by the Managing Director, within that thirty days period, to be counted from the date of service of notice. He having failed to do so, the Petitioner was well within his rights to file the present petition.
In view of the abovestated position, petition is allowed and Shri M.D. Sharma, a retired District & Sessions Judge, is appointed as Arbitrator. His fee is fixed at Rs. 25,000/-, inclusive of ministerial expenses. His fee and ministerial expenses shall be paid, in the first instance, by the Petitioner. Liability for payment of Arbitrator''s fee and ministerial expenses shall be determined by the Arbitrator himself, while giving final award.
Petition stands disposed of.