S.R.V. EARTH MOVERS SHANMUGAM COMPLEX REP. BY ITS MANAGING PARTNER Vs. KUDREMUKH IRON ORE CO. LTD. REP. BY ITS EXECUTIVE DIRECTOR (TECHNICAL SERVICES)

JUDGEMENT

(1.) PETITIONER was engaged by the Respondent in the work of de -silting of iron ore mine wash (wet) from the Pollution Control Dams 1 and 2 and Bhadra River Bed in the Kudremukh Project Site. However, the disputes arose between the parties subsequently. The same are not settled as on this day. Clause -59 of the General Conditions of Contract contains arbitration clause for settlement of disputes. In spite of exchange of notices, it seems the Respondent did not agree for appointment of Arbitrator. Hence, this writ petition is filed praying for appointment of Arbitrator.

(2.) RESPONDENT 's counsel submits that the matter may be referred to the Arbitral Tribunal for adjudication. In view of the totality of the facts and circumstances of the case, this Court is of the opinion that this is a fit case to appoint an Arbitrator to resolve the dispute between the parties. Accordingly, the following order is made:

(3.) OFFICE is directed to send a copy of this order to the learned Arbitrator, forthwith. Office is further directed to return all the original papers, if any, filed along with the petition to the Petitioner to enable it to produce before the learned Arbitrator.