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Judgment
This application is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter called as ''Act'') with a prayer that an Arbitrator may be appointed to resolve the dispute between the parties.
Shri Jitendra Singh appeared for the respondent but informed the court that his client is not contacting him.
The applicant''s prayer is based on Clause 10 of the Agreement dated 19-10-2007 (Annexure P/1). The applicant has issued registered notices for appointment of arbitrator. The same is followed by paper publication etc. However, the respondent did not appoint an Arbitrator.
I am satisfied that necessary ingredients for appointment of an Arbitrator as per Section 11 of the Act are available. Resultantly, I deem it proper to appoint Shri S.N. Khare, Retired District Judge presently residing at Flat No.405, Arpit Apartment, Nagrath Chowk, Jabalpur and M. No. 9425323286. as an Arbitrator in this case. Parties are directed to approach AC. No. 35 of 2010 the said Arbitrator for resolving the dispute. Needless to mention that learned Arbitrator will be free to decide his fees.
The application is allowed. No cost.