Court No. - 7
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 129 of 2017 Applicant :- Arvind Kumar Jaiswal Opposite Party :- Union Of India Thru' Director Gen. Of Postal & 5 Ors.
Counsel for Applicant :- Achyut Jee Counsel for Opposite Party :- A.S.G.I.,S.K.Rai,Satish Kumar Rai
Hon'ble Surya Prakash Kesarwani,J.
On 16.3.2018, this Court passed the following order:
"Existence of arbitration agreement between the parties as well as accrual of disputes between them is not in issue. This application has been filed under Section 11 for of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator.
An objection has been filed on behalf of the Postal Department stating that an arbitrator has been appointed by the department on 18.01.2018.
Notice to appoint arbitrator was sent on 16.06.2017. No arbitrator was appointed within a month. This petition has been filed on 03.11.2017.
It is settled in view of the law laid down by the Apex Court in Datar Switchgears Ltd. Vs. Tata Finance Ltd. and another, reported in 2000 (8) SCC 151, that once a petition has been filed under Section 11, the right of opposite party to appoint an Arbitrator stands forfeited and this Court would have to appoint an Arbitrator. Hence, the application is liable to be allowed.
Let Sri Brahma Deo Mishra, retired District Judge, R/o SA6/1-S Neelkanth Vihar, Akatha, Pahadia (Near Kashi Enclave Colony) Varanasi, Mobile / Tel. 09415614274, 0542-2581089,be appointed as Arbitrator to resolve the dispute, subject to his consent in terms of Section 11(8) of the Arbitration and Conciliation Act, 1996.
The Registry is directed to obtain consent of the proposed Arbitrator, in terms of amended provisions contained under Sub-Section (8) of Section 11 of the Act of 1996, within a period of three weeks from today.
List thereafter".
As per office report dated 24.4.2018, the proposed Arbitrator has sent his consent vide letter dated 06.4.2018 in terms of Section 11(8) of the Act of 1996.
In view of the aforesaid, Sri Brahma Deo Mishra, retired District Judge, R/o SA6/1-S Neelkanth Vihar, Akatha, Pahadia (Near Kashi Enclave Colony) Varanasi, Mobile / Tel. 09415614274, 0542-2581089 is appointed as an Arbitrator to enter upon the reference, and to adjudicate the dispute in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
The Arbitrator shall be entitled to fees in accordance with the amended fourth Schedule to the Act of 1996. The expenses shall be borne equally by the parties.
The application is allowed.
Order Date :- 25.4.2018 Ak/