Court No. - 7
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 105 of 2017 Applicant :- Indian Oil Corporation Ltd. Opposite Party :- M/S Poonj Nidhi Associates Counsel for Applicant :- Prakash Padia
Hon'ble Surya Prakash Kesarwani,J.
.
On 16.3.2018, this Court passed the following order:
"Steps have been taken twice by the applicant to effect service of notice upon opposite party. In view of office report dated 15.03.2018, service of notice upon opposite party is treated to be sufficient. Despite notice, none has appeared for the opposite party nor any objection has been filed.
The applicant had invited tenders for transportation of MS/HSD/Branded Fuels and pursuant thereto the bids submitted by the opposite party was accepted on 07.07.2015. An agreement was duly signed between the parties which contains clause 16, providing for all questions, disputes and differences to be settled by arbitration. The Director (Marketing) of the company is the named Arbitrator. It is stated that dispute has arisen between the parties and notice has been sent invoking arbitration clause. Though notices have been served but no response has been received from the opposite party. It is submitted that in view of the amendment introduced vide Act No. 3 of 2016, the named Arbitrator being officer of the applicant's company is ineligible to act as Arbitrator. Consequently, this petition has been filed under Section 11(6) to appoint Arbitrator.
Despite service of notice none has appeared nor any objection has been filed.
Necessary ingredients to invoke jurisdiction under Section 11 of the Act are found to be exist in the facts of the present case.
Let Mr. Abhai Kumar Gupta, a retired District Judge,10/8HIG Flats, Sanjay Palace, Agra, Mobile No. 9411808485, 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 11.4.2018 in terms of Section 11(8) of the Act of 1996.
In view of the aforesaid, Mr. Abhai Kumar Gupta, a retired District Judge, resident of 10/1-HIG Flats, Sanjay Palace, Agra, Mobile No. 9411808485 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/