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Judgment
The Court:-This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of a fit and proper person as the
arbitrator to adjudicate the disputes between the parties relating to the agreement dated December 24, 2014.
From the affidavit of service filed on behalf of the petitioner, it appears that a copy of this application forwarded to the respondent has been certified
by the postal authority to have been served upon the respondent. Let the said affidavit of service be kept on record.
The arbitration agreement between the parties contemplates that the disputes and differences, if any, between the parties shall be resolved by a sole
arbitrator or in case of disagreement as to the appointment of the sole arbitrator, to three arbitrators, out of which the petitioner shall appoint one
arbitrator and the respondent shall appoint the second arbitrator and the third arbitrator shall be appointed by the two arbitrators.
As per clause 21.1 of the said agreement dated December 24, 2014, any notice or request or demand or other communication by one party to the
other would be in writing and delivered by hand or courier or e-mail or fax or by registered post with acknowledgement. It appears that by an
electronic mail dated November 29, 2017, the petitioner informed the respondent of the factum of the disputes between the parties, as well as the
appointment of a sole arbitrator for adjudication of such disputes. The respondent appears to have received the said electronic mail, but she has not
raised any objection to the appointment of the sole arbitrator named by the petitioner.
Since the respondent has not raised any objection to the appointment of the arbitrator named by the petitioner, the disputes between the parties are to
be adjudicated upon by the said arbitrator and there is no scope for passing any other direction in the matter.
With the above directions, the application, being AP No. 105 of 2018 stands disposed of.
There shall, however, be no order as to costs.