Madhya Pradesh High Court
M/S Virgo Softech Limited vs Department Of Food Civil Supplies And ... on 28 January, 2022
Author: Chief Justice
Bench: Ravi Malimath
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
ON THE 28th OF JANUARY, 2022
ARBITRATION CASE No. 19 of 2021
Between:-
M/S VIRGO SOFTECH LIMITED, A COMPANY
INCORPORATED UNDER THE COMPANIES
ACT, 1956 AND HAVING ITS REGISTERED
OFFICE AT A-24/5 MOHAN CO-OPERATIVE
INDUSTRIAL ESTATE, MATHURA ROAD, NEW
DELHI 110044 THR. MR. YOGENDRA KASHYAP
AUTHORIZED REPRESENTATIVE.
.....PETITIONER
(BY SHRI AKHIL SACHAR, ADVOCATE)
AND
DEPARTMENT OF FOOD CIVIL SUPPLIES AND
CONSUMER PROTECTION, GOVERNMENT OF
MADHYA PRADESH THR. COMMISSIONER
VINDHYACHAL BHAWAN FIRST FLOOR D
WING BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI B.D. SINGH, GOVERNMENT ADVOCATE)
(Heard through Video Conferencing)
Th is appeal coming on for orders this day, the court passed the
following:
ORDER
This petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short "the Act"), seeking appointment of nominee arbitrator on behalf of the respondent/State to adjudicate the dispute arising out of the agreement between the parties.
2. When the earlier application was filed seeking for appointment of an arbitrator in A.C. No. 27 of 2015, vide order dated 10.12.2019 the parties were directed to appoint their respective arbitrators within a period of one month who shall thereafter appoint the third arbitrator within a period of one month thereafter. The said order was challenged by the State in S.L.P. No. 12767 of 2020. By the order dated 23.07.2021, the aforesaid S.L.P. was Signature Not Verified SAN Digitally signed by MANVENDRA SINGH PARIHAR Date: 2022.01.29 12:09:24 IST 2 dismissed. The petitioner have already appointed an arbitrator on 14.01.2020. As on date, the respondents/State have not exercised their right to appoint an arbitrator. Their right to appoint arbitrator has been foreclosed in terms of the judgment of the Supreme Court in the case of Datar Switchgears Ltd vs Tata Finance Ltd. & Anr, reported in (2000) 8 SCC 151
3. In the circumstances, since the respondents/State have lost their right to appoint an arbitrator, it is only just and appropriate that this Court appoints an arbitrator.
4. Having considered the contentions of both sides, Shri R.C. Mishra, (Former Judge) R/O HIG-7 Rishi Nagar, Char Imli, Bhopal (MP) 462016, Mobile No.9425009069 E. Mail Id. [email protected] is appointed as an Arbitrator after his disclosure in writing is obtained in terms of Section 11(8) of the Act; and only after receipt thereof his appointment as an Arbitrator to come into force.
5. On his giving consent to arbitrate the dispute between the parties as an Arbitrator, Shri R.C. Mishra, shall enter into reference, and shall pass an award in accordance with law. The learned Arbitrator shall fix his fees in consultation with both the parties. All the contentions of the respondents are kept open to be raised before the Arbitrator.
6. The arbitration petition is disposed off accordingly (RAVI MALIMATH) CHIEF JUSTICE MSP Signature Not Verified SAN Digitally signed by MANVENDRA SINGH PARIHAR Date: 2022.01.29 12:09:24 IST