Chief Justice's Court
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 112 of 2004 Applicant :- M/S Manish Engineering Enterprises Thru Prop.
Opposite Party :- Indian Farmers Fertilizer Coop. Ltd. Thru M.D. And Ors.
Counsel for Applicant :- Vivekanand Srivastava,P.K.Ganguly Counsel for Opposite Party :- Vivek Ratan Agrawal
Hon'ble Govind Mathur,Chief Justice
Though an illness slip is submitted on behalf of counsel for the respondent but looking to the fact that this application is pending since December, 2004, the Court is not inclined to adjourn the matter.
This application is preferred under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to resolve the dispute between the parties said to be arisen out of the agreement of contract dated 7th January, 1985. It is submitted by learned counsel appearing on behalf of the applicant that as per clause 17 of the agreement, any question, dispute or difference arising between the owner and the contractor under or in connection with the contract, is required to be resolved by arbitral proceedings. A notice was given to the respondent on 9th November, 2004 for appointment of an independent Arbitrator but that was not responded within a period of thirty days. Hence, the instant application was preferred on 17th December, 2004.
On going through the record, it reveals that the objection is raised on behalf of the respondent-IFFCO that the work order in question itself is a forged one and as such there is no need to go for arbitral proceedings. It reveals that all the issues raised by the parties for getting a matter resolved through arbitral proceedings are required to be considered and decided by the Arbitrator. Therefore, I do not find any force in the objection raised while considering an application under Section 11 of the Act of 1996. The application is allowed.
Accordingly, Dr. Y.P. Gupta, Chairman, Yash Krishi, Takniki Evam Vigyan Kendra, A-148, Mehdauri Colony, Allahabad - 211 004, U.P. and a Retired Professor, Department of Civil Engineering, Motilal Nehru National Institute of Technology, Allahabad, is hereby appointed as Arbitrator to resolve the dispute between the parties as prayed in the notice dated 9th November, 2004 and also the issues additionally. The Arbitrator appointed shall be entitled to have remuneration as prescribed in the Fourth Schedule to Arbitration and Conciliation Act, 1996. The application is accordingly disposed of.
Order Date :- 22.1.2019 VMA (Govind Mathur, C.J.)