V. Vijaya Lakshmi vs State of Sikkim

Sunil Kumar Sinha, Actg. C.J.—The Petitioner has filed this petition under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator to adjudicate upon the dispute arising out of the Agreement between the parties.

Admittedly, there is an Arbitration clause in the Agreement, which stipulates as under:-

"a) As a first step, all efforts shall be made by the Roads and Bridges Department for amicable settlement of the issue.

b) If an amicable settlement is not seen possible, the matter shall be referred to an Arbitrator acceptable to both parties and

c) His decision will be final and binding to both parties."

The Petitioner sent a notice dated 03.09.2014 through an Advocate for making payment of her claim within a fortnight of the receipt thereof, but no response was given. Thereafter, another notice dated 24.10.2014 was given saying that ''dispute'' has arisen between them and they would be invoking arbitration as per clause (b) of the Agreement. When no steps were taken after receipt of the said notice, this petition has been filed by the Petitioner.

The Petitioner suggested names of many Arbitrators. The State also suggested names of many Arbitrators. But the parties were not agreeable upon any name suggested by them.

In view of the above, I appoint Hon''ble Mr. Justice A.K. Patnaik, former Judge, Supreme Court of India, as the Arbitrator in this case to enter upon reference and adjudicate the dispute between the parties. This is also acceptable to both the parties.

The venue of the arbitration shall be decided by the Arbitrator by consultation with both the parties.

The Arbitrator shall fix the terms and conditions as well as fee himself.

Let an intimation be sent to the Arbitrator along with copies of this order, order-sheets, paper book and CMA No. 11/2015, which has been taken as response of the respondents. The intimation shall also be sent to all the parties.

Petition stands finally disposed of.