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Judgment
Surjit Singh, Judge
Heard and gone through the record.
An agreement was executed between the parties, for supply of medicines and drugs, by the petitioner to the respondents. The said agreement is Annexure P-1. Clause XX of the agreement provides for settlement of disputes, if any, arising between the parties and as per this clause settlement of disputes/ differences is to take place by arbitration, for which Arbitrator is to be appointed by the Managing Director of respondent No.1. Some dispute having arisen between the parties, petitioner approached the Managing Director of respondent No.1, through notice dated 29.9.2009, Annexure P-6, for appointment of Arbitrator. In response to the aforesaid notice, petitioner was invited for negotiations and settlement of the dispute. However, no settlement took place. Arbitrator has also not been appointed. So, the petitioner has filed the present petition, u/s 11(6) of the Arbitration and Conciliation Act, for appointment of Arbitrator.
In the reply, it is not denied that the agreement was executed. Also, it is not controverted that a dispute has arisen. It is stated that the respondents are prepared to appoint an Arbitrator.
Since Arbitrator has not been appointed by the Managing Director of respondent No.1, within the time stipulated in Section 11 of the Arbitration and Conciliation Act, though approached, in writing, through notice Annexure P-6, application is allowed and Shri Shrawan Dogra, Advocate, is appointed as Arbitrator. His fee is fixed at Rs. 50,000/-, plus ministerial expenses of Rs. 5,000/-. The fee shall be paid, in the first instance, by the petitioner. Ultimate liability for payment of arbitrator''s fee shall be determined by the arbitrator himself.
Petition stands disposed of. Pending application also stands disposed of.