Rajasthan High Court - Jaipur
M/S Ultratech Cement Ltd vs M/S Raj Rajya Vidyut Utpadan Nigam Ltd on 4 February, 2014
Author: Ajay Rastogi
Bench: Ajay Rastogi
SB Civil Misc. Arbitration Application No.14/2012
SB Civil Misc. Arbitration Application No.7/2012
SB Civil Misc. Arbitration Application No.8/2012
SB Civil Misc. Arbitration Application No.39/2012
SB Civil Misc. Arbitration Application No.45/2012
Date of order : 4.2.2014
Hon'ble Mr. Justice Ajay Rastogi
Mr. Anuroop Singhi
Ms. Suruchi Kasliwal,
Mr. Anurag Agarwal
Mr. Saurabh Jain, for applicant.
Mr. RK Agarwal, Sr. Adv. with
Ms. Sunita Pareek, for non applicant.
The applicants have approached this Court by filing instant arbitration applications u/S.11 of the Arbitration And Conciliation Act, 1996 (Act, 1996) for appointment of Arbitrator.
Rejoinder has been filed by the applicant in arbitration applications-7 & 8 of 2012. The same is taken on record.
It is not disputed by the parties that arbitral dispute arise from the terms & conditions of agreement executed between the parties and the agreement contains Clause-9 regarding arbitration which provides that if there is any Arbitral Dispute arises from terms and conditions of the agreement could be referred to a arbitrator to be appointed by the CMD, RRVUNL. Clause-9 relevant reads ad infra-
In the event of any question, dispute or difference arising between the parties hereto touching the construction of any clause therein contained or the rights, duties and liabilities of the parties hereto or in any way touching or arising out of these presents, the same shall be referred for determination by arbitrator to be appointed by the CMD, RRVUNL. Arbitration proceedings shall be in accordance with the provisions of the Indian Arbitration Act, 1996 or any other amendment or modification thereof for the time being in force.
Reply to the arbitration petition has been filed.
It has not been disputed that the applicant company sent a notice for appointment of arbitrator invoking Clause-9 of the Agreement executed between the parties and after expiry of statutory period an until filing of present application, for appointment of arbitrator u/S. 11(6) of the Act, the respondent failed to appoint arbitrator invoking Clause-9 of the Agreement.
From the pleadings which has come on record, parties jointly submits that sole arbitrator may be appointed by this Court u/S.11(6) of the Act 1996 and have also agreed that Hon'ble Mr. Justice NM Kasliwal, Rted. Supreme Court Judge may be appointed as sole arbitrator to resolve arbitral dispute which arise from the agreement executed between the parties.
Taking note thereof, I consider it appropriate to appoint Hon'ble Mr. Justice NM Kasliwal, Retd. Supreme Court Judge, as Sole Arbitrator to resolve the Arbitral dispute arising out of the agreement. The cost of arbitration & fee of Arbitration shall be determined in terms of arbitration manual.
With the above observations, the applications stand disposed of. A copy of this order be sent to Hon'ble Mr. Justice NM Kasliwal, Retd. Supreme Court Judge, 20, Kasliwal Path, Mangal Vihar, Gopalpura Bye Pass, Tonk Road, Jaipur-302 018 and the parties are directed to appear before the Arbitrator on .3.3.2014 at 5.00 pm. [Ajay Rastogi], J.
dsr/-
"All corrections made in the judgment/order have been incorporated in the judgment/order being emailed"
Datar Singh P.S.