Madhya Pradesh High Court
M/S Supra Enterprises Sanjay Gandhi ... vs The State Of Madhya Pradesh on 15 April, 2015
AC-50-2014
(M/S SUPRA ENTERPRISES SANJAY Vs THE STATE OF MADHYA PRADESH)
GANDHI MEMORIAL HOSPITAL
PREMISES REWA
15-04-2015
Mr.Amit Singh, learned counsel for the applicant.
Mr.Girish Kekre, learned Government Advocate for respondents.
With the consent of learned counsel for parties, matter is heard finally.
By means of this application under Section 11(6) of Arbitration and Conciliation Act, 1996
the petitioner seeks appointment of an arbitrator.
Facts giving rise to filing of the application briefly stated are that the applicant was
awarded a contract for establishment of C.T.Scan and M.R.I Investigation Center at SS, Medical College, Rewa and an agreement was executed on 01/04/2013. Admittedly the aforesaid agreement contains the arbitration clause in which the Director Medical Education has the power to appoint an arbitrator. The dispute arose between the parties. The applicant thereupon sent notice on 10/07/2014 to the Director Medical Education seeking appointment of an arbitrator.
Despite receipt of notice the Director Medical Education did not take any action in view of clause 58 of agreement within a period of 30 days from the date of receipt of notice. Thereafter, the applicant filed the application before this Court under Section 11(6) of the Act on 13/10/2004.
In view of law laid down in Deep Trading Company Vs. Indian Oil Corporation and others, (2013) 4 SCC 35, the respondents have forfeited their right to appoint arbitrator, therefore, with a view to ensure the appointment of an independent and impartial arbitrator as laid down in Section 11(8) of Act, I deem it appropriate to appoint Mr.L.L.Shukla, Retd.District Judge, Rewa as an arbitrator to arbitrate the dispute between the parties as the venue of arbitration is Rewa.
Learned counsel for parties have submitted that they have no objection to appoint Mr.L.L.Shukla, Retd.District Judge, Rewa as an arbitrator. Office is directed to send a copy of this order to Mr.L.L.Shukla, Retd.District Judge, Rewa.
Accordingly, the Arbitration Case is disposed of.
Certified copy as per rules.
(ALOK ARADHE) JUDGE