AI Structured Summary
Not yet generated for this judgment
Judgment
M.S. Ramachandra Rao, CJ
This Arbitration Application is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator for adjudication of a dispute between the applicant and the respondent under a Purchase Order Agreement dt. 16.05.2019.
It is the contention of the applicant that under the said Agreement, the applicant supplied benches to the respondent- College as per the specification of the contract, but no payment had been made and the benches had also not been returned to the applicant.
Learned Counsel for the applicant refers to Clause 16 of the Agreement which contains an Arbitration Clause. He also states that notice was issued to the respondent for appointment of an Arbitrator on 17.07.2022, and reminder was also issued on 08.08.2022, to which a reply was issued by the respondents on 18.11.2022 disputing the claim of the applicant on merits, however no valid objection was raised for appointment of an Arbitrator.
In reply filed by the respondent before this Court also, only the contentions on merits of the respondents have been disputed, and no valid objection has been raised for appointment of an Arbitrator.
Since there is a dispute existing between the parties arising out of a Purchase Order Agreement dt. 16.05.2019, and since the applicant had already invoked the arbitration clause contained in the said agreement, and since the respondent has not been able to show any valid objection for appointment of an Arbitrator, this application is allowed and Mr. Prem Pal Ranta, District & Sessions Judge (Retd.), is appointed as an Arbitrator to resolve the dispute between the parties, after his disclosure in writing is obtained in terms of Section 11(8) of the Act, and only after receipt thereof, shall his appointment, as an Arbitrator, come into force.
On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Shri Prem Pal Ranta, District & Sessions Judge (Retd.), R/o Set No. 12, Type-V, Officers Colony, Kasumpti, Shimla-171009 shall enter into reference, and shall pass an award in accordance with law.
Copy of this order be forwarded to the learned Counsel for the parties as also to the learned Arbitrator. The learned Arbitrator so appointed shall be entitled to fee as per stipulation contained in 4th Schedule appended to the Arbitration and Conciliation Act, 1996.
The application is disposed of accordingly alongwith pending application(s), if any.